NL437 Telford LM_INVITATION TO TENDER_Inc

Transcription

INVITATION TO TENDER
NL437 Telford Town Sites Term Landscape
Maintenance & Cleansing Contract 2016 2019
Tender Ref: Insert: HCAP16057
Contract Number: NL437
Version 1.0, November 2015
Full name of the
Supplier completing
the Tender
PROTECT – COMMERCIAL
Document Control
Document Title
NL437 Telford Town Sites Term Landscape Maintenance & Cleansing
Contract 2016 - 2019
Contract Number: NL437
Tender Reference: HCAP16057
Owner
Produced By
Document Number:
The Homes and Communities Agency
The Environment Partnership (TEP) Limited
5060.Pcment.Telford.002_ITT Package
Author
Checked
Approved
Initial Issue
Lindsey Cunniff
Emma Parker
Emma Parker
17.11.2015
Amendment History
Issue
Date Issued
Modified by:
Check/Authorised by:
Reason(s) issue
Maintenance & Cleansing Contract, 2016 - 2019
Contents
PART A - INFORMATION....................................................................................................................... 3
1
Introduction .................................................................................................................................... 4
2
Procurement Process and Timetable .......................................................................................... 5
2.1
Procurement Queries .............................................................................................................. 6
2.2
Submission of Tender .............................................................................................................. 7
3
Instructions and Information ........................................................................................................ 7
3.1
General Information ................................................................................................................. 7
3.2
Suitability Assessment ............................................................................................................. 8
3.2.1 Verification of Information Provided..................................................................................... 8
3.2.2 Sub-contracting arrangements ............................................................................................ 8
3.2.3 Consortia arrangements ...................................................................................................... 8
3.2.4 Confidentiality ...................................................................................................................... 9
3.2.5 Grounds for Mandatory Exclusion ....................................................................................... 9
3.2.6 Grounds for Discretionary Exclusion – Part 1 ................................................................... 10
3.2.7 Self-cleaning ...................................................................................................................... 10
3.2.8 Technical and Professional Ability ..................................................................................... 10
4
Scope of Services ........................................................................................................................ 11
5
The Contract & Administration .................................................................................................. 14
6
Quality........................................................................................................................................... 15
7
Pricing........................................................................................................................................... 15
8
Transparency ............................................................................................................................... 17
9
Freedom of Information .............................................................................................................. 17
10
Bribery and Corruption ............................................................................................................... 17
11
Health and Safety ........................................................................................................................ 17
12
Evaluation Criteria ....................................................................................................................... 19
PART B – DOCUMENTS TO BE RETURNED ..................................................................................... 29
Form B1 Certificate of Non-Collusion and Non-Canvassing .......................................................... 31
Form B2 Suitability Assessment ....................................................................................................... 33
1
Supplier Information ................................................................................................................... 34
2
Grounds for mandatory exclusion ............................................................................................. 38
3
Grounds for discretionary exclusion – Part 1 .......................................................................... 41
4
Economic and Financial Standing ............................................................................................. 43
5
Technical and Professional Ability ............................................................................................ 45
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5060.Pcment.Telford.002_ITT Package, Version 1.0
6
Additional Suitability Assessment modules............................................................................. 46
7
Completion Checklist .................................................................................................................. 51
Template for Appendices.................................................................................................................... 53
Template for Sub-Contracting Arrangements .................................................................................. 54
Form B3 Quality Submission ............................................................................................................. 55
Form B4 Schedule Of Works .............................................................................................................. 57
Form B5 Form of Tender..................................................................................................................... 59
Form B6 Document Receipt Confirmation ........................................................................................ 61
Form B7 Confirmation Of Site Visit ................................................................................................... 63
Form B8 Tender Return Checklist ..................................................................................................... 67
Appendix 1
Maintenance Specification
Appendix 2
Contract Drawing
Appendix 3
The Contract
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PART A - INFORMATION
•
This section provides information on the required Services Contract.
•
Suppliers are required to READ THIS SECTION carefully to understand the HCA’s
requirements.
•
This Section DOES NOT need to be printed and returned with your completed Tender.
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1
Introduction
This Tender document has been issued by the Authority in connection with a competitive procurement
procedure. “Authority” means the Homes and Communities Agency (HCA), or anyone acting on
behalf of the HCA that is seeking to invite suitable Suppliers to participate in this procurement process.
“You”/ “Your” or “Supplier” means the body completing this Tender i.e. the legal entity seeking to
provide the required Service and responsible for the information provided. The ‘Supplier’ is
intended to cover any economic operator as defined by the Public Contract Regulations 2015 and
could be a registered company; charitable organisation; Voluntary Community and Social Enterprise
(VCSE); Special Purpose Vehicle; or other form of entity.
The Homes and Communities Agency
The Homes and Communities Agency (HCA) is the single, national housing and regeneration delivery
body for England.
Our vision is to create opportunity for people to live in homes they can afford in places they want to
live, by enabling local authorities and communities to deliver the ambition they have for their own
areas.
We achieve this by:

Understanding the needs and aspirations of people and communities through close working
with local authorities on local investment planning;

Enabling local delivery through the channelling of our expertise and investment; and

Working effectively with the market, housebuilders, investors and other stakeholders.
For more information visit www.gov.uk/hca
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2
Procurement Process and Timetable
This Tender is provided on the same basis to all Suppliers.
This Tender takes the form of a Single Stage Tender. All interested candidates who responded to the
Contract Notice are Invited to Tender.
No information contained in this Tender or in any communication made between the HCA and any
Supplier in connection with this Tender exercise, shall be relied upon as constituting a contract,
agreement or representation that any contract shall be offered in accordance with this Tender. The
HCA reserves the right to cancel the process at any time.
Under no circumstances shall the HCA incur any liability in respect of this Tender or any supporting
documentation. The HCA will not reimburse the costs incurred by Suppliers in connection with the
preparation and submission of their response to this Tender.
Direct or indirect canvassing of any Ministers, public sector employee or agent by any potential
Supplier concerning this requirement, or any attempt to procure information from any of the above
concerning this Tender may result in disqualification of the Supplier from consideration for this
requirement.
The Tenders are to be evaluated against the following pre-determined award criteria. A Suitability
Assessment will be required to be completed and passed before Suppliers can proceed to further
evaluation of Quality and Price.
Part A, Section 12 ‘Evaluation Criteria’, sets out the evaluation criteria & scoring methodology on
which this tender exercise will be evaluated. Suppliers should refer to this information throughout the
completion of ‘Part B: Documents to be Returned’. The Contract will be awarded on the basis of the
most economically advantageous tender.
Evaluation Factor
Price
Quality
Weighting
80%
20%
Set out below is the proposed procurement timetable. This timetable is intended as a guide and,
whilst the HCA does not intend to depart from the timetable, it reserves the right to do so at any time.
SUPPLIERS SHOULD NOTE THAT THE DEADLINE FOR TENDER SUBMISSION IS THE
DEADLINE FOR SUBMISSION OF COMPLETED PRICED TENDER DOCUMENTATION.
Procurement Stage
Contract Notice published
Indicative Date [2015/16]
Wednesday 25th November
Please refer to Section 2.1 Procurement
Queries
Deadline for Tender Questions
Deadline for Tender Submissions
(at HCA Gateshead)
Notification of intention to award contract
Pre-Contract Meeting
Contracts awarded and signed
Commencement
Wednesday 06th January at 13.00hrs
Friday 22nd January
Week commencing 25th January
Week commencing 25th January
01st February
Due to size, the tender packaged and all supporting Appendices are provided on a Client Access Web
Portal for you to access and download. To obtain the documents:
 Enter the following URL into the address bar of your internet browser https://clientportal.tep.uk.com
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 When prompted for a username enter: Tep\tepca11 (be careful not to include a space after the
username)
 When prompted for a password enter: TelLM1711
Please ensure your type in the username and password and do not copy and paste as this will not
work.
2.1
Procurement Queries
This procurement process is being managed by The Environment Partnership (TEP) Limited on behalf
of the HCA. TEP’s named point of contact for the procurement of this contract is Lindsey Cunniff. All
requests for further information in respect of the contract should be sent using the contact details
below. No approach of any kind should be made to any other person within, or associated with, the
HCA.
Any questions in respect of this Tender should be submitted in writing:
By e-mail to:
[email protected]
By post to:
The Environment Partnership (TEP) Limited
Genesis Centre
Birchwood Science Park
Birchwood
Warrington
WA3 7BH
Suppliers should specify in their clarification questions if they wish the clarification to be considered as
confidential between themselves and the HCA. The HCA will consider any such request and will
either respond on a confidential basis or give the Supplier the right to withdraw the clarification
question. If the Supplier does not elect to withdraw the question and the HCA considers any
clarification question to be of material significance, both the question and the response will be
communicated, in a suitably anonymous form, to all prospective Suppliers who have responded.
All responses received and any communication from Suppliers will be treated in confidence but will be
subject to the above. Clarification questions and answers will be posted in two locations:
1. Contracts Finder Opportunity Notice; and
2. Client Access Web Portal, link provided within the Contracts Finder Opportunity Notice.
If you wish to receive notification of clarification questions asked by Suppliers and the Agency’
response, Suppliers must click the ‘Watch this Notice’ button on the notice within
Contracts Finder to receive email notification when changes/updates are made to the notice. Please
note in order to use this feature Suppliers must be registered with Contracts Finder.
It is the Suppliers responsibility to check Contracts Finder or our Client Access Web Portal for any
updates to the procurement process. No claim on the grounds of lack of knowledge of the above
mentioned item will be entertained. Please note that there is no notification facility for the Client Access
Web Portal link.
Tender Questions will be answered in accordance with the following schedule. There will be a total of
three clarification logs issued for this Contract. Suppliers should ensure that they submit any
Questions in sufficient time to allow them to be addressed appropriately, any questions received after
the relevant deadline will be addressed in the next clarification where available or not at all in the case
of later submission for Clarification Number 3. Suppliers should access the two locations identified
above to view clarification questions and the Agency’s response.
Tender Clarification Number
Response 1
Response 2
Deadline for Questions [2015]
Wednesday 02nd December at
13.00hrs
Wednesday 09th December at
13.00hrs
Agency Response [2015]
Thursday 03rd December
Thursday 10th December
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Response 3
2.2
Wednesday 16th December at
13.00hrs
Thursday 17th December
Submission of Tender
Please refer to Section 2 ‘Procurement Process and Timetable’ for Deadline for Tender
Submission.
Suppliers must submit their Tender by:
 Paper submission (one hard copy), please do not bind or submit in ring binders; and

Full supporting digital copy (including all supporting material) on a suitable storage device
(CD/Memory Stick).
The completed Tender MUST be returned using the digital tender label provided by post.
Suppliers should ensure that suitable provision is made to ensure that the document is received by the
deadline.
Completed Tender documents may be submitted at any time before the closing date. Please note that
completed Tenders received after the closing date may be rejected.
Tenders submitted bearing any marks identifying the Supplier will not be opened. Particular care should
be taken that the Suppliers identity is not apparent from any image or resulting from a postal franking
device, appearing on the envelope or package.
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Instructions and Information
3.1
General Information
Suppliers are invited to complete all parts of the enclosed Part B: Documents to be Returned and
submit, together with any requested supporting information, by the due date for return.
Tenders must not be accompanied by statements that could be construed as rendering the Tender
equivocal and/or placing it on a different footing from other Tenders. Only Tenders submitted without
qualification strictly in accordance with the Tender documents issued (or subsequently amended by the
HCA) will be accepted for consideration. The HCA’s decision on whether or not a Tender is acceptable
will be final.
The Supplier should check the tender documentation for obvious errors and missing information. Should
any such errors or omissions be discovered he must inform the named point of contact for the tender as
noted in Section 2.1 ‘Procurement Queries’ at once in writing. No alteration may be made to any of the
documents attached thereto without the written authorisation of the HCA. If any alterations are made, or if
these instructions are not fully complied with, the Tender may be rejected.
Suppliers have been asked to include a single point of contact in their organisation for their response
to the Tender Document (As detailed in Section 1.3 of the Suitability Assessment). The HCA shall not
be responsible for contacting the Supplier through any route other than the nominated contact. The
Supplier must therefore undertake to notify any changes relating to the contact promptly or they will be
unable to receive communications from the HCA.
Suppliers should answer all questions as accurately and concisely as possible in the same order as
the questions are presented. Where a question is not relevant to the Suppliers organisation, this
should be indicated with an explanation.
Questions should be answered in English.
Suppliers should ensure all requested information is provided in accordance with the Tender Checklist
provided within ‘Form B8 Tender Return Checklist’. Information supplied will be checked for
completeness and compliance with the instructions before responses are evaluated.
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Failure to provide the required information, make a satisfactory response to the question, or supply
documentation referred to in responses, within the specified timescales, may mean that the Tender is
not further evaluated.
Suppliers must be explicit and comprehensive in their response to this Tender as this will be the single
source of information on which responses will be evaluated.
The HCA expressly reserves the right to require Suppliers to provide additional information
supplementing or clarifying any of the information provided in response to the requests set out in the
Tender.
3.2
Suitability Assessment
The Suitability Assessment has been designed to assess the suitability of a Supplier to deliver the
Authority’s contract requirement(s).
Please ensure that all questions are completed in full, and in the format requested. Failure to do so
may result in your submission being disqualified. If the question does not apply to you, please state
clearly ‘N/A’.
Where requirements as specified within the Suitability Assessment (Form B2) are not currently held,
Suppliers are required to identify how they intend to deliver the Service on award i.e. securing the
qualifications on award and prior to the start of the contract, or sub-contracting to a suitably qualified
third party.
Should you need to provide additional Appendices in response to the questions, these should be
numbered clearly and listed as part of your declaration. A template for providing additional information
is provided at the end of the Suitability Assessment document.
3.2.1
Verification of Information Provided
Whilst reserving the right to request information at any time throughout the procurement process, the
Authority may enable the Supplier to self-certify that there are no mandatory/ discretionary grounds for
excluding their organisation. When requesting evidence that the Supplier can meet the specified
requirements (such as the questions in Section 5 of the Suitability Assessment relating to Technical
and Professional Ability) the Authority may only obtain such evidence after the final tender evaluation
decision i.e. from the Preferred Supplier only.
This information will normally be required to be provided within 7 days of informing the Preferred
Supplier(s) and in any case prior to undertaking of Pre-Contract Meeting.
3.2.2
Sub-contracting arrangements
Where the Supplier proposes to use one or more sub-contractors to deliver some or all of the contract
requirements, the sub-contracting arrangements template provided at the end of the Suitability
Assessment should be completed to provide details of the proposed bidding model, that includes
members of the supply chain, the percentage of work being delivered by each sub-contractor and the key
contract deliverables each sub-contractor will be responsible for.
The Authority recognises that arrangements in relation to sub-contracting may be subject to future
change, and may not be finalised until a later date. However, Suppliers should be aware that where
information provided to the Authority indicates that sub-contractors are to play a significant role in
delivering key contract requirements, any changes to those sub-contracting arrangements may affect the
ability of the Supplier to proceed with the procurement process or to provide the Supplies and/or Services
required. Suppliers should, therefore, notify the Authority immediately of any change in the proposed subcontractor arrangements. The Authority reserves the right to deselect the Supplier prior to any award of
contract, based on an assessment of the updated information.
3.2.3
Consortia arrangements
If the Supplier completing the Suitability Assessment is doing so as part of a proposed consortium, the
following information must be provided;
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●
●
●
Names of all consortium members;
The lead member of the consortium who will be contractually responsible for delivery of the contract
(if a separate legal entity is not being created); and
If the consortium is not proposing to form a legal entity, full details of proposed arrangements within a
separate Appendix.
Please note that the Authority may require the consortium to assume a specific legal form if awarded the
contract, to the extent that a specific legal form is deemed by the Authority as being necessary for the
satisfactory performance of the contract.
All members of the consortium will be required to provide the information required in all sections of the
Suitability Assessment as part of a single composite response to the Authority i.e. each member of the
consortium is required to complete the form.
Where you are proposing to create a separate legal entity, such as a Special Purpose Vehicle (SPV), you
should provide details of the actual or proposed percentage shareholding of the constituent members
within the new legal entity in a separate Appendix.
The Authority recognises that arrangements in relation to a consortium bid may be subject to future
change. Suppliers should therefore respond on the basis of the arrangements as currently envisaged.
Suppliers are reminded that the Authority must be immediately notified of any changes, or proposed
changes, in relation to the bidding model so that a further assessment can be carried out by applying the
selection criteria to the new information provided. The Authority reserves the right to deselect the Supplier
prior to any award of contract, based on an assessment of the updated information.
3.2.4
Confidentiality
When providing details of contracts in answering Section 5 of the Suitability Assessment (Technical
and Professional Ability), the Supplier agrees to waive any contractual or other confidentiality rights
and obligations associated with these contracts.
The Authority reserves the right to contact the named customer contact in Section 5 regarding the
contracts included. The named customer contact does not owe the Authority any duty of care or have
any legal liability, except for any deceitful or maliciously false statements of fact.
The Authority confirms that it will keep confidential and will not disclose to any third parties any
information obtained from a named customer contact, other than to the Cabinet Office and/or
contracting authorities defined by the Public Contract Regulations 2015.
3.2.5
Grounds for Mandatory Exclusion
The following guidance relates to the Suitability Assessment Section 2 - Grounds for mandatory
exclusion.
You may be excluded from the procurement process if there is evidence of convictions relating to
specific criminal offences including, but not limited to, bribery, corruption, conspiracy, terrorism, fraud
and money laundering, or if you have been the subject of a binding legal decision which found a
breach of legal obligations to pay tax or social security obligations (except where this is
disproportionate e.g. only minor amounts involved).
If you have answered “yes” to question 2.2 on the non-payment of taxes or social security
contributions, and have not paid or entered into a binding arrangement to pay the full amount, you
may still avoid exclusion if only minor tax or social security contributions are unpaid or if you have not
yet had time to fulfil your obligations since learning of the exact amount due. If your organisation is in
that position please provide details using a separate Appendix. You may contact the Authority for
advice.
Any Supplier that answers ‘Yes’ to questions 2.1 Grounds for Mandatory Exclusion and 2.2 Non
Payment of taxes must refer to Section 3.2.7 Self-Cleaning.
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3.2.6
Grounds for Discretionary Exclusion – Part 1
The following guidance relates to the Suitability Assessment Section 3 - Grounds for discretionary
exclusion – Part 1.
Conflicts of interest
In accordance with Question 3.1(e), the Authority may exclude the Supplier if there is a conflict of
interest which cannot be effectively remedied. The concept of a conflict of interest includes any
situation where relevant staff members have, directly or indirectly, a financial, economic or other
personal interest which might be perceived to compromise their impartiality and independence in the
context of the procurement procedure.
Where there is any indication that a conflict of interest exists or may arise then it is the responsibility of
the Supplier to inform the Authority, detailing the conflict in a separate Appendix. Provided that it has
been carried out in a transparent manner, routine pre-market engagement carried out by the Authority
should not represent a conflict of interest for the Supplier.
Taking Account of Suppliers’ Past Performance
In accordance with question (g), the Authority may assess the past performance of a Supplier (through
a Certificate of Performance provided by a Customer or other means of evidence). The Authority may
take into account any failure to discharge obligations under the previous principal relevant contracts of
the Supplier completing the Suitability Assessment. The Authority may also assess whether specified
minimum standards for reliability for such contracts are met.
In addition, the Authority may re-assess reliability based on past performance at key stages in the
procurement process (i.e. supplier selection, tender evaluation, contract award stage etc.). Suppliers
may also be asked to update the evidence they provide in this section to reflect more recent
performance on new or existing contracts (or to confirm that nothing has changed).
Any Supplier that answers ‘Yes’ to questions 2.2 Grounds for Discretionary Exclusion must refer to
Section 3.2.7 Self-Cleaning.
3.2.7
Self-cleaning
Any Supplier that answers ‘Yes’ to questions 2.1 Grounds for Mandatory Exclusion, 2.2 Non-payment
of taxes and 3.1 Grounds for discretionary exclusion should provide sufficient evidence, in a separate
Appendix, that provides a summary of the circumstances and any remedial action that has taken place
subsequently and effectively “self-cleans” the situation referred to in that question. The Supplier has to
demonstrate it has taken such remedial action, to the satisfaction of the Authority in each case.
If such evidence is considered by the Authority (whose decision will be final) as sufficient, the
economic operator concerned shall be allowed to continue in the procurement process.
In order for the evidence referred to above to be sufficient, the Supplier shall, as a minimum, prove
that it has:
●
●
●
Paid or undertaken to pay compensation in respect of any damage caused by the criminal
offence or misconduct;
Clarified the facts and circumstances in a comprehensive manner by actively collaborating with
the investigating authorities; and
Taken concrete technical, organisational and personnel measures that are appropriate to prevent
further criminal offences or misconduct.
The measures taken by the Supplier shall be evaluated taking into account the gravity and particular
circumstances of the criminal offence or misconduct. Where the measures are considered by the
Authority to be insufficient, the Supplier shall be given a statement of the reasons for that decision.
3.2.8
Technical and Professional Ability
The following guidance relates to the Suitability Assessment Section 5 - Technical and Professional
Ability.
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Please provide details of up to three contracts, in any combination from either the public or private
sector, that are relevant to the Authority’s requirement. Contracts for supplies or services should have
been performed during the past three years. Works contracts may be from the past five years, and
VCSEs may include samples of grant funded work.
The named customer contact provided should be prepared to provide written evidence to the Authority
to confirm the accuracy of the information provided below.
Consortia bids should provide relevant examples of where the consortium has delivered similar
requirements; if this is not possible (e.g. the consortium is newly formed or a Special Purpose Vehicle
will be created for this contract) then three separate examples should be provided between the
principal member(s) of the proposed consortium or Special Purpose Vehicle (three examples are not
required from each member).
Where the Supplier is a Special Purpose Vehicle, or a managing agent not intending to be the main
provider of the supplies or services, the information requested should be provided in respect of the
principal intended provider(s) or sub-contractor(s) who will deliver the supplies and services.
4
Scope of Services
The HCA’s approach to landscape maintenance is led by the following principles:

Deliver aesthetical benefits to both promote the sale of land to prospective developers and
address potential impact of the landscape on adjacent residential and business properties;

Ensure that legal duties are met e.g. Environment Protection Act 1990;

Promote maintenance in accordance with biodiversity regulations and best practice;

Assist with the most cost effective approach to securing landscape management;

Respond proactively to additional service requirements; and

Identify and rectify health and safety issues.
The HCA is currently seeking to appoint a competent Supplier for the provision of landscape
maintenance and cleansing services for a number of sites within the Telford area. The Sites currently
within the scope of this contract include:
 TF001 Whitchurch Drive;

TF044 Caledonian Way;
 TF002 Hortonwood 60;

TF045 Hall Park Way;

TF046 Hall Park Way;
 TF004 Wellington Road;

TF049 Rampart Way;
 TF006 St Peters Walk;

TF052 Ironmasters Way;
 TF007 Sparrowhawk Way;

TF053 Hollinsgate;
 TF008 Peregrine Way;

TF054 Stafford Park 1;
 TF009 Nr Leegate Avenue;

TF056 Stone Row;
 TF011 Silkin Way;

TF061 Naird Lane;

TF062 Naird Lane;
 TF016 Lytham Green (North & South);

TF063 Naird Lane;
 TF017 Apley Avenue;

TF065 Naird Lane;
 TF019 Smiths Cescent;

TF066 Halesfield 24;
 TF021 Lodge Road;

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 TF023 Granville Road;

 TF024 Redhill Way;

 TF023 Sommerfield Road;

TF072 Majestic Way;
 TF027 Daisy Bank Drive;

TF073 Lightmoor Road;
 TF028 Keepers Crescent;

TF074 – 76 Crackshall Lane;
 TF029 Tuberville Close;

TF077 Newcomen Way;
 TF032 & 033 Gatcombe Way

TF078 Ironbridge High Street;
 TF034 – 036 Glendale Gardens;

TF079 Jockey Bank;
 TF038 Marlborough Way;

TF081 Reynards Coppice;
 TF039 & 40 Colliers Way;

TF083 Halesfield 18; and
 TF041 Colliers Way

TF084 Redhill Way.

TF043 Colliers Way;
There are 56 sites within the HCA’s Telford Town portfolio. The Sites vary in size and character and
include public open space, land reserved for future development and residual land left over as a result
of residential and commercial development.
This contract is envisaged to have duration of 2 years with provision for a further 1 year extension
under the same Terms and Conditions of this contract. Any contract extensions will be based on
tendered Rates and Prices.
The anticipated commencement date for the Service is 01st February 2016. Prior to Tendering,
Suppliers should ensure that they have the availability and capacity to commence and deliver the
Service within a timely manner.
Typical planned Services under this contract comprise of but are not exclusively limited to the
following:

Site inspections, whereby the Supplier shall indicate; all matters relating to the maintenance
specification, recommendations for necessary Service, incidences of vandalism, flytipping,
trespass and adjustments to the scheduled Service;

Play Area Inspections;

Grass Cutting;

Hedge Cutting;

Ornamental Shrub Maintenance;

Tree Works;

Weed Control; and

Cleansing.
This contract is a performance based, the performance of which will be monitored via Key
Performance Indicators (KPI’s).
The Maintenance Specification and Contract Drawings which will govern this Service are included
within Appendix 1 and 2 respectively. Suppliers should carefully review the Service requirements prior
to Pricing. The Contract Drawings are for information purposes only and do not purport to represent
the landscape of the site in precise detail. Service areas are indicative only and should not be
precisely scaled from.
Suppliers should review all quantities included within the Specification and Schedule of Works which
are provided for guidance purposes only. Suppliers should make their own assessment of the actual
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quantities required by visiting the sites prior to submitting a Tender. Suppliers must view the sites for
the purposes of pricing this Service. Details of access arrangements are provided within Form B7
Access Arrangements and Site Visit Confirmation included within Part B Documents to be Returned.
The Specification describes the requirements, but all the Services implied thereby or necessary for the
full and proper completion of this contract are to be performed by the Supplier in the best and most
suitable manner. The Supplier should note that all items of the Service contained within the
Specification have been described in reasonable detail, but the Supplier shall consider them in
conjunction with manufacturers recommendations and actual Services on site and shall include in his
price for everything necessary to allow him to carry out the Service in the best manner, whether
specifically mentioned or not.
Suppliers must review the scope of Service following the first month on-site and should report back
any potential concerns. Requirements to alter the Services beyond those currently specified are at the
discretion of the HCA. Amendments to Service will be addressed via a variation to the contract by the
appointed Supervising Officer. The Supplier may not use the sites for any purpose other than the
carrying out of the Service.
In addition to the routine Service provision, there may be requirements for Suppliers to undertake
selective repairs to infrastructure (e.g. fencing or structures), which are included within Unplanned
Works under the terms of this contract. All sites have the potential for Health & Safety issues to arise,
and under these circumstances the HCA requires a quick response from Suppliers to address such
issues. Typical Unplanned (proactive/reactive) Works which may be undertaken as part of this
contract include:

Installation and repair to fencing including post and rail, stock proof fencing and palisade fencing;

Installation of signage including wooden and heavy duty metal signage;

Selective thinning works;

Felling of individual trees; and

Removal of fly-tipping.
The sites are currently owned by the HCA. The Supplier will be expected to develop a good working
relationship with the HCA and their appointed agent(s) to ensure delivery of high quality Service.
Where appropriate the Supplier may be required to co-operate and work with other
Suppliers/Contractors appointed by the Employer.
In addition to the above, and critical to the safe operation of this contract, the Supplier will be required
to develop a strong working relationship and understanding of site protocols to ensure risks are
minimised, in particular emergency procedures. Activities of Suppliers on sites are to be governed by
detailed site risk assessments covering all required Services with reference to all relevant legislation
and operating procedures (including emergency procedures). Activities should be further governed by
best practice in regards to landscape management, health & safety and biodiversity.
Some of the sites are publicly accessed (either authorised or unauthorised (trespass)) and, therefore,
Suppliers should take account of the safety of both their own staff and general members of the public.
Suppliers should be aware that whilst working on HCA owned sites, they represent the ‘public face’ of
the HCA. Suppliers should ensure that they behave in a professional manner whilst working on sites.
Suppliers may in some instances be approached by members of the public requesting information.
Suppliers should ensure that members of the public are dealt with courteously and that queries are
forwarded to the Supervising Officer promptly.
Suppliers on appointment will be required to identify a list of staff to be allocated to this contract. Only
allocated staff will be permitted to provide Services on the contract, therefore, Suppliers should ensure
that a suitable ‘reserve’ of staff are trained should primary staff be subject to illness or other factors
which may make them unable to work. Suppliers will be required to notify the Supervising Officer in
writing should they wish to add or remove staff allocated to this contract and the reasons for this. All
staff working on this contract will be required to wear coveralls which make them easily identifiable and
carry ID cards at all times.
13
November 15
Suppliers should note the Health and Safety requirements for this contract as detailed in Section 11
Health and Safety.
Requirements is for the following level of insurance as specified within the Contract Terms and
Conditions which are to be fully in place for Contract Commencement. The specified insurance levels
are required to be maintained throughout the duration of Service Provision.
 £10 Million Employers Liability; and
 £5 Million Public Liability
Applications for payment of provision of landscape maintenance and cleansing services will normally
be serviced on a monthly basis subject to the approval of the Employer or their appointed agent(s).
The Employer and/or their appointed agents will make an assessment prior to processing applications
as to whether Services have been delivered to the required standard and quality.
Submission of application for payment and/or invoices will be supported by Bi-Monthly review
meetings with the Employer or their appointed agent(s) (usually in the form of a site meeting), with
performance measured by Monthly Key Performance Indicators (KPI’s). Prompt and regular invoicing
is a key priority for the HCA.
The Supplier should be aware that the HCA is gradually disposing of its estate and, therefore,
reserves the right to remove part, or all sites from the Contract Area. Whilst the HCA’s is looking to
dispose of its assets there still remain incidences where new sites/land areas are acquired or
circumstances change requiring additional operations that may be appropriate to be managed via an
existing operational Landscape Maintenance Contract. Suppliers should therefore, note that the
Service requirements under this Contract may also increase. The HCA endeavours to provide
reasonable notice to its Suppliers in respect of any increase or decrease in the Contract Area or level
of required Service provision.
5
The Contract & Administration
Contract
A digital copy of the contract has been provided with this document. The Contract Terms & Conditions
shall be those of the HCA Appointment of Landscape Contractor, relating to Telford Town Sites Term
Landscape Maintenance & Cleansing Contract 2016 – 2019 (Contract Number: NL437).
The submission of a Tender will denote the Suppliers acceptance of an undertaking to comply with the
clauses contained in this contract.
This contract is envisaged to have duration of 2 years with provision for a further 1 year extension on
written instruction for the Employer. Any contract extensions will be under the same Terms and
Conditions and Specification of the initial Contract Term. The contract has been included within
Appendix 3.
This Contract is a Performance based contract, the performance of which will be monitored via
Monthly Key Performance Indicators (KPI’s).
The Contract Sum shall remain fixed for the first year from the Commencement Date, following which
subsequent years will then be subject to adjustment in accordance with the All Item Index of Retail
Prices (RPI). The amount of the RPI adjustment to the Contract Sum shall be agreed at the start of
each annual anniversary from Commencement by the Employer. The contract is subject to Key
Performance Indicator monitoring (KPI), in the event the Supplier fails to achieve the required KPI
score (as detailed under Clause 9 of the Contract) then the Supplier shall not be entitled to any uplift
of the Contract sum.
HCA hereby acknowledge that, pursuant to the Transfer of Undertakings (Protection of Employment)
Regulations 2006 (“TUPE”), there may be a relevant transfer in association with a change in service
provider for this Contract. Suppliers are advised to make their own enquiries with the incumbent and
take account of this within the pricing of the Contract. The HCA will not accept any amendments to
the Tendered price in respect of TUPE.
14
November 15
Incumbent Contract Details
Adrian Griffiths
Midland Landscaping Ltd
Tel: 01584 838 425
Email: [email protected]
Should the outcomes of discussion with the incumbent contractor indicate that TUPE may apply then
Tenderers are requested to inform TEP at the earliest opportunity.
Administration
The HCA is the Client for the Service and will be responsible for all remuneration to the Supplier.
The Telford Town Sites Term Landscape Maintenance & Cleansing Contract, 2016 -2019 will be
managed by The Environment Partnership (TEP) Limited, or any other person as the Employer may
nominate from time to time.
The tendering Supplier should appoint a Contract Manager to oversee the management of the Service
and staff, the Contract Manager should have the appropriate seniority and skills to facilitate the
effective delivery of this contract. In the event of absences or annual leave the Supplier should
nominate a suitable alternative contact for this contract.
The Supplier will be required to attend site meetings with HCA or its appointed Supervising Officer. It
is envisaged that these meetings will be on a Bi-Monthly basis however, HCA reserve the right to
change the frequency of the meetings dependent on Suppliers performance and other issues arising.
6
Quality
A Quality Submission schedule has been provided with this Tender (Form B3), which must be
completed and returned as part of the tender response.
7
Pricing
Schedule of Works (Form B4) (excel document) has been provided with this Tender which must be
completed and returned as part of the Tender Response.
Suppliers are required to bring forward the total fixed price to the Form of Tender contained within
Form B5. No alteration may be made to the Schedule of Works provided.
Please ensure Form B5, ‘Form of Tender’ is at the front of your response.
Price will account for 80% of the overall score and is to be evaluated as outlined below
Price Evaluation
Marks available for Pricing will be given on the basis of variance from ‘Best Price’.
Whereby;
Supplier 1 bid the lowest total rates and is awarded 100% of the marks available for this section which
is 80 marks.
Supplier 4 bid at 110% of Supplier 1’s rates, and is awarded 1/110% of the marks available, which is
72.73 marks
Note: the example figures below are purely illustrative to demonstrate scoring:
15
November 15
Supplier 1
Supplier 2
Supplier 3
Supplier 4
Supplier 5
Total weighted
rate
Lowest
Rate
£50,000
£51,000
£53,000
£55,000
£60,000
£50,000
£50,000
£50,000
£50,000
£50,000
% score
in relation
to lowest
Tender.
100%
102%
106%
110%
120%
Score
80.00
78.43
75.47
72.73
66.67
The Supplier shall bear all costs associated with the preparation and submission of the Tender. The
Supplier shall satisfy himself before submitting his Tender that he has adequate labour to provide the
Service and that he is able to obtain all supplies and equipment required in connection with the
Service. The Supplier is to formulate its Price taking into account (but not exclusively limited to) the
following factors:
 The contract will be based on a 2 year initial term with provision for a further 1 year extension on
written approval of the Employer;
 The Contract Sum shall remain fixed for the first year from the Commencement Date, following
which subsequent years will then be subject to adjustment in accordance with the All Item Index of
Retail Prices (RPI).
 To ascertain a total 3 year contract value (2 year initial term, plus one year extension) a RPI value
of 3.5% has been applied to the Final Total for years 2 and 3 for the purposes of this Tendering
exercise. The actual amount of the RPI adjustment to the Contract Sum shall be agreed at each
annual anniversary from Commencement by the Employer and is dependent on Clause 3 ‘Key
Performance Monitoring Instructions’ in the Appointment of Landscape Contractor. In the event the
Supplier fails to achieve the required KPI score as detailed within Clause 3 ‘Key Performance
Monitoring Instructions’ then the Supplier shall not be entitled to any uplift of the Contract sum.
The Supplier should refer to Clause 3 ‘Key Performance Monitoring Instructions’ and Clause 9
‘Payments’ in the Appointment of Landscape Contractor included within Appendix 3;
 The Supplier must visit and inspect the sites and satisfy himself of the full requirements of the
Contract, prior to submission of his Tender. He shall carry out any investigations that he may consider
necessary to satisfy himself of the extent, character and accessibility of the sites and all other
conditions affecting the Service. Please note Suppliers are to provide written confirmation of
undertaking site visits;
 No claim on the grounds of lack of knowledge of any of the above mentioned items will be entertained;
 The Supplier shall liaise with the statutory service providers as necessary for the location of services
which may require to be verified for the safe execution of the Service;
 The accuracy and dimensions scaled from the drawings is not guaranteed;
 Suppliers must include for all Service shown or described in the tender documents as a whole or
clearly apparent as being necessary for the complete and proper execution of the Service. Quantities
required for tendering will be the responsibility of the Supplier;
 All costs necessary to carry out the Service in question to the reasonable satisfaction of the
Employer, including all necessary equipment, administration, management overheads, profit and
the like;
 Prices quoted shall be exclusive of VAT; and
 The Person submitting this Tender must have the necessary authority to enter into
Contractual Arrangements on behalf of the organisation and certify that they are able to
undertake the Service at the Tendered price. This includes any authority from Parent
Companies.
16
November 15
Where the rates stated do not appear to be reasonable, the HCA may initially seek clarification from
the Supplier. If after clarification has been sought and the HCA still considers rates provided to be
either excessively high or divisively low and unjustified in relation to the services, the HCA may reject
the Tender.
The HCA may also reject a Tender where the evidence supplied does not satisfactorily account for the
abnormally low rates, with specific reference to the economics of the services provided; exceptionally
favourable conditions for the supply of services; obligations to subcontractors; applicable
environmental, social and labour law; and the risk of State aid.
8
Transparency
This procurement and award of this Contract is subject to the transparency arrangements being
adopted by the UK Government.
These arrangements include the publication of Tender
documentation issued by the HCA and the Contract between the HCA and Supplier. Suppliers should
highlight any areas they consider commercially sensitive in order for the HCA to be able to honour our
transparency obligations without undermining the Suppliers commercial interests.
The contract value associated with the successful Tender and the name of the Supplier may be
published. As part of the Governments Transparency Agenda, the HCA regularly makes available
details of expenditure in excess of £500.00 by Supplier.
9
Freedom of Information
Suppliers are advised that the HCA is subject to the Freedom of Information Act 2000 ("The Act"). If a
Supplier considers that any of the information provided as part of this procurement procedure should
not be disclosed because of its commercial sensitivity, confidential or otherwise, they must, when
providing this information, clearly identify the specific information they do not wish to be disclosed and
clearly specify the reasons for its sensitivity. The HCA shall take such statements into consideration in
the event that it receives a request pursuant to the Act which relates to the information provided by the
interested party. Please note, it is insufficient to include a statement of confidentiality encompassing
all the information provided in the response.
10
Bribery and Corruption
The HCA takes a zero-tolerance approach to bribery and corruption and sets high standards of
impartiality, integrity and objectivity in relation to the stewardship of public funds and the management
of its activities. The principles contained within this policy apply to both internal and external
audiences, including anyone wishing to undertake business or engage with the HCA. Please refer to
https://www.gov.uk/government/publications/anti-bribery-and-corruption-policy for further information.
11
Health and Safety
Suppliers wishing to tender for HCA contracts which involve physical Works or Services such as
construction, demolition or building maintenance, must either be registered and assessed by a
prequalification assessment scheme which is a member of SSIP (Safety Schemes in Procurement), be
able to demonstrate membership of an equivalent scheme or complete a Health and Safety
Questionnaire.
SSIP membership must either already be in place, or be likely to be in place when Tenders are to be
returned to the HCA. Therefore, it is recommended that applications should already be submitted
when Suppliers submit their Suitability Assessment. Further information on SSIP and details of
assessment scheme members can be found on http://www.ssip.org.uk/.
17
November 15
If a Supplier is already registered and compliant with a SSIP approved scheme, then the requirements
for your Suitability Assessment response will be reduced. The validity of SSIP membership will be
checked and verified.
If your organisation is a designer (construction related) or providing Principal Designer Services (as
defined in Construction (Design and Management) Regulations 2015 (CDM 2015)), you will need to be
registered and assessed as a Designer or Principal Designer. Details of SSIP schemes which
undertake such assessments can be found at http://www.ssip.org.uk/.
Although the HCA recognises any SSIP approved scheme, its preferred prequalification scheme is
CHAS (Contractor Health and Safety Assessment Scheme). In order to register with CHAS and
undergo
an
assessment
you
will
need
to
visit
the
CHAS
website
http://www.chas.gov.uk/downloadq.asp and download the relevant application forms.
There is one form for employers with 5 employees or over (Appendix 2) and one for employers with
less than 5 employees and sole traders (Appendix 2a).
Please follow the online instructions and guidance for completing your application form and arranging
for your application to be assessed. Please note that CHAS will charge a small fee to cover the cost
of your assessment. Details of fees can be obtained from the web site.
Your application should normally be assessed within 10 to 15 working days of CHAS receiving your
completed questionnaire; however, it is recommended that you apply as soon as possible to ensure
that your registration is in place and satisfactory prior to submitting your Suitability Assessment.
Suppliers who are not a SSIP member and do not plan to be by the time tender returns are due can
either submit details of equivalent membership or complete the Health and Safety Questionnaire.
Details of equivalent membership schemes will be investigated and the HCA reserves the right to
contact Suppliers to investigate this further in order to assess these fairly. For the avoidance of doubt
details of equivalent membership schemes will need to be provided in English.
18
November 15
12
Evaluation Criteria
RELATING TO PART B, FORM B2 – SUITABILITY ASSESSMENT




All Suppliers are required to complete the Suitability Assessment.
Criteria for Evaluation are Pass or Fail.
The Suitability Assessment will be evaluated first. If a Supplier ‘fails’
any element of the Suitability Assessment, then further Quality and
Price submissions will not be evaluated.
Scoring from the Suitability Assessment will not be taken forward to
the ‘Overall Score’, this will be based on ‘Quality and Price’.
Section
1
Title
Assessment
Evaluation Guidance
Scoring methodology:
Pass – all information/documentation provided
Fail – major information requirements missing
If any part is left incomplete the section will be marked as Fail
Supplier Information
1.1
Supplier Details
Pass/Fail
If any part is left incomplete the section may be marked as Fail. If the question is not applicable, please
mark your response as “N/A” and provide a brief explanation.
1.2
Bidding Model
Pass/Fail
If the Supplier completing this Suitability Assessment is doing so as part of a proposed consortium, the
following information must be provided;
● names of all consortium members;
● the lead member of the consortium who will be contractually responsible for delivery of the contract (if
a separate legal entity is not being created); and
● if the consortium is not proposing to form a legal entity, full details of proposed arrangements within a
separate Appendix.
Suitability Assessment i.e. each member of the consortium is required to complete the form.
Where you are proposing to create a separate legal entity, such as a Special Purpose Vehicle (SPV), you
should provide details of the actual or proposed percentage shareholding of the constituent members
within the new legal entity in a separate Appendix.
19
November 15
1.3
Contact Details
Pass/Fail
Suppliers have been asked to include a single point of contact in their organisation for their response to
Section 1.3 of the Suitability Assessment. The HCA shall not be responsible for contacting the Supplier
through any route other than the nominated contact. The Supplier must therefore undertake to notify any
changes relating to the contact promptly or they will be unable to receive communications from the HCA.
1.4
Licensing and
Registration
Pass/Fail
2
Grounds for
Mandatory
Exclusion
Pass/Fail
The HCA may treat as ineligible and may not select an economic operator in accordance with the
Regulations, if the economic operator or its directors or any other person who has powers of
representation, decision or control of the economic operator has been convicted of any of the defined
offences.
Pass – all questions answered ‘no’ or any ‘yes’ responses accompanied with further details in a separate
Appendix. Reasoning provided is to the satisfaction of the HCA.
Fail – failure to answer any questions or any question answered ‘yes’ without further details provided in a
separate Appendix, or reasoning is not to the HCA’s satisfaction.
3
Grounds for
discretionary
exclusion – Part 1
Pass/Fail
The HCA may treat as ineligible and may not select an economic operator in accordance with the
Regulations, if the economic operator or its directors or any other person who has powers of
representation, decision or control of the economic operator has been convicted of any of the defined
offences.
Pass – all questions answered ‘no’ or any ‘yes’ responses accompanied with further details in a separate
Appendix. Reasoning provided is to the satisfaction of the HCA.
Fail – failure to answer any questions or any question answered ‘yes’ without further details provided in a
separate Appendix, or reasoning is not to the HCA’s satisfaction.
20
November 15
Economic & Financial Standing
Please note: Information relating to Economic and Financial Standing will only be evaluated for the Preferred Supplier(s) following evaluation of Quality and Price.
4.1/4.2
Demonstration
of Economic
and Financial
Standing
Pass/Fail
If any part is left incomplete the section will be marked as Fail. If the question is not applicable, please mark your
response as “N/A” and provide a brief explanation.
In reaching our conclusion on an Suppliers economic financial standing (pass or fail), the financial information
presented will be assessed by the HCA’s in-house, professionally qualified financial due diligence team.
Consideration of the financial information provided will include the following:
 Completeness of financial information provided – failure to provide one of the five permitted form of financial
information and associated explanation considered a ‘fail’
 Age of financial information provided – where the latest financial statements have yet to be filed within their due
date, the HCA will request draft financial statements and/or management accounts from the Supplier to enable a
more up to date review. Failure to provide additional information in a suitable formats identified will constitute a
‘fail’;
 Opinion of the auditors within the financial statements – concerns over going concern considered a ‘fail’. No
going concern issues considered a ‘pass’
 Suppliers currently the subject to any kind of administration or liquidation arrangements will be considered a ‘fail’.
Absence of administration or liquidation arrangements considered a ‘pass’
 The level and nature of outstanding CCJs (either disclosed or obtainable from public registers) – ability to fund
CCJs from existing case reserves considered a ‘pass’, inability to fund CCJs from existing cash reserves
considered a ‘fail’
Pass – all above 5 measures considered a ‘pass’
Fail – one or more of the above 5 measures considered a ‘fail’
21
November 15
4.3
Level of
Economic and
Financial
Standing
Pass/Fail
Both average turnover for the last two years (or equivalent value) is equal to or more than x2 the contract value* (as
tendered including any provisional sums, contingent sums, options and later phases) and the current ratio (current
assets/current liabilities) is greater than 1.
Fail – Either average turnover for the last two years (or equivalent value) is less than x2 the contract value as
tendered including any provisional sums, contingent sums, options and later phases) or current ratio (current
assets/current liabilities) is equal to or less than 1.
*The HCA reserves the right to use information relating to other contracts they have awarded and/or bidding with a
particular Supplier to ensure that turnover is x2 the contract being considered here but the total combined recent
award and amounts due on existing HCA contracts should the Supplier be successful. In the first instance Suppliers
should self-certify on the basis of this contract only and indicate whether they have other contracts with the HCA
which may be relevant at the verification stage. In assessing this the HCA will seek to confirm the Suppliers own
assessment of this to ensure accurate assessment of this test.
4.4
Financial
Guarantee
Pass/Fail
Pass – all information/documentation provided. Parent Company confirmed as willing to provide guarantee if
necessary; details of where a guarantee may be obtained from elsewhere provided and reasoning is to the
satisfaction of the HCA.
Fail – major information requirements missing. Parent Company confirmed as not willing to provide a guarantee. No
details provided as to where a guarantee may be obtained from elsewhere or reasoning provided is not to the
satisfaction of the HCA.
5
Technical and
Professional
Ability
Pass/Fail
Pass – Sections 5.1 to 5.4 OR 5.5 complete in full with information which relates to the subject matter of the contract
Fail – 5.1 to 5.4 OR 5.5 incomplete.
6A
Insurance
Pass/Fail
Pass – minimum requirements for insurance are in place, or an assurance is provided to confirm that the insurance
will be in place by the contract commencement date
Fail – minimum requirements for insurance are not in place, and no assurance is provided to confirm that the
insurance will be in place by the contract commencement date
6B
Compliance
with equality
legislation
Pass/Fail

£10m Employers Liability Insurance, for each and every occurrence

£5m Public Liability insurance, for each and every occurrence.
Pass –Sections B.1 & B.2 answered ‘no’ or any ‘yes’ responses accompanied with further details in a separate
Appendix. Reasoning provided is to the satisfaction of the HCA and Section B.3 answered ‘yes’
Fail – failure to answer Questions B.1 – B.3 or Sections B.1 & B.2 answered ‘yes’ without further details provided in a
separate Appendix, or reasoning is not to the HCA’s satisfaction and/or Section B.3 answered ‘no’
22
November 15
6C
6D
Environmental
Management
Pass/Fail
Pass –Sections C.1 answered ‘no’ or any ‘yes’ responses accompanied with further details in a separate Appendix.
Reasoning provided is to the satisfaction of the HCA and Section C.2 answered ‘yes’
Fail – failure to answer Questions C.1 – C.2 or Sections C.1 answered ‘yes’ without further details provided in a
separate Appendix, or reasoning is not to the HCA’s satisfaction and/or Section C.2 answered ‘no’
Health and Safety
Part 1
1.1
Health and
Safety Policy
Pass/Fail
Pass – Question 1.1 answered ‘yes’ and Health and Safety Policy provided is to the satisfaction of the HCA; or for
Suppliers that are self-employed or employ less than 5 people information has been provided on arrangements for
management of health and safety to the satisfaction of the HCA.
Fail – Failure to answer Questions 1.1, Question 1.1 answered ‘No’, or information provided on Health and Safety
Policy or management arrangements for health and safety is not to the satisfaction of the HCA.
1.2
SSIP
Registration
Pass/Fail
Pass – Question 1.2 answered ‘yes’ or information has been provided on a similar scheme which is to the satisfaction
of the HCA; or you are in the process of registration to a SSIP scheme and date of registration is proposed to be
achieved prior to contract commencement as indicated in Section 2’ Procurement Process and Timetable.
Fail – Failure to answer Question 1.2. Question 1.2 answered ‘no’ or information on similar scheme is not to HCA’s
satisfaction, or proposed date of registration does not meet with project timescales for contract commencement as
indicated in Section 2’ Procurement Process and Timetable.
Please note: Suppliers that are not registered with SSIP or equivalent scheme are required to provide their health and
safety policy documentation and complete Part 2, Health and Safety Questionnaire. Please refer to Evaluation
Criteria, Health and Safety, Part 2 for the assessment criteria.
1.3
Enforcement
Pass/Fail
Pass –Question 1.3 answered ‘no’ or any ‘yes’ responses accompanied with further details in a separate Appendix.
Reasoning provided is to the satisfaction of the HCA.
Fail – Failure to answer Questions 1.3, or Question 1.3 answered ‘yes’ without further details provided in a separate
Appendix, or reasoning is not to the HCA’s satisfaction.
1.4
Use of Subcontractors
Pass/Fail
Pass – Question 1.4 answered ‘yes’.
Fail – Failure to answer Question 1.4, or Question 1.4 answered ‘no’
1.5
RIDDOR
Pass/Fail
Pass – No injury, disease or dangerous occurrence reported to the enforcing authorities under RIDDOR, or any
details provided on injury, disease or dangerous occurrence show effective remedial action and changes in
procedures as a result of incidents to the satisfaction of the HCA.
Fail – Failure to answer Question 1.5 or details provided on injury, disease or dangerous occurrence and the remedial
action and changes in procedures as a result of incidents are not to the satisfaction of the HCA.
23
November 15
Part 2
3.1 –
3.12
Health and
Safety
Questionnaire
Pass/Fail
Pass – Answered ‘yes’ to all questions and appropriate evidence provided to the satisfaction of the HCA.
Fail – Answered ‘no’ to one or more question or answered ‘yes’ to all question but one or more questions were not
supported by appropriate evidence and or the evidence provided is not to the satisfaction of the HCA.
24
November 15
RELATING TO PART B, FORM B3 - QUALITY





Quality will account for 20% of the Overall
Score.
A Quality threshold will be applied to this
Tender. Should a Supplier score below 4
marks (poor response) for any Quality
Question then Price Submissions will NOT
proceed to final evaluation.
Guidance notes have been provided which
indicate to Suppliers information that the
HCA will use to evaluate a response.
Evaluation criteria will be based on a
scoring of 0 – 10, the details of which are
shown to the right.
Please note maximum page limits in
respect of each question. Only information
within the maximum page threshold will be
reviewed.
Number
1
Criteria
Technical Question 1
Delivery of Service
Maximum page limit = 2 sides of A4,
minimum font size 10 point
Scoring methodology:
0 - 3 Poor response, not scored
4 – 6 Average response to requirement and some examples provided
7 – 8 Good response to requirement and good range of examples provided
9 – 10 Excellent response to the requirement good range of examples, highly relevant to the contract requirements
Evaluator’s will initially work independently. Once they have competed their independent marking they will meet to
discuss, understand and moderate any difference in the marks they have awarded via a consensus meeting, where a
single consensus score for each question will be agreed.
The scoring will be on the basis of whole numbers and the consensus score will also be a whole number. A good response
will, for example, gain a score of 8 or 7. The difference in the score will be on the basis that limitations have been identified,
but these are not so serious as to reduce the score to 6 (i.e. average). These minor limitations are however sufficient that a
score of 7 may be more appropriate than 8. Where scores are subsequently weighted, there is potential for fractions of full
marks to be awarded. These will be expressed as decimals to two decimal places
Demonstrated by
Weighting
Particular consideration should be given (but not limited to) the following:
10%

How will you deliver compliance with the contract documents, specification and supporting
information, in particular how will you work to the KPI’s included within the contract to ensure
compliance throughout the duration of the Contract. .

What management and resource structure would you adopt for the delivery of the Service; and

Please demonstrate competence of key personnel to be used on the project via CV’s, training
certificates, qualifications and project experience to support response. In particular
competence/evidence of the following should be provided
(a) Contract Management e.g. CSCS Contracts Manager Card;
(b) Ability to understand principals of Risk Management e.g. CIEH Level 2/3 Risk Assessment
Principles & Practices, NEBOSH, IOSH etc.
(c) First aid training relevant to the roles and responsibilities;
(d) Use of Plant/Machinery including chainsaws, hedge trimmers, ride on mowers e.g.
Construction Plant Competence Scheme (CPCS);
(e) Training/experience in use of pesticides/herbicides
Suppliers should refer to Specification, Contract Drawings and Schedule of Works provided in this
Tender.
25
November 15
2
Public Presence



3

Risk Management



As the public face of the HCA, how will you ensure that site based operatives have the skills,
knowledge and experience to address the public and handle their concerns in a courteous and
polite manner?
Give examples of how you have taken into consideration public presence on site (both authorised
and unauthorised)?
What procedures will you have in place for escalation of problems where required and how do you
ensure that issues are effectively resolved to the satisfaction of the client? How is this recorded?
5%
Who will be responsible for health and safety of the project what qualifications and experience do
they have to demonstrate they are suitable and competent to provide this role?
What approach would you take to identifying risks associated with the Service?
How will you identify the risk owner?
How will you ensure measures are implemented to safeguard and mitigate risks to the HCA, You
and Third Parties and how will you communicate these?
5%
26
November 15
RELATING TO PART B, FORM B4 – SCHEDULE OF WORKS
Price will account for 80% of the Overall Score
This contract will be awarded on the basis of the overall most economically advantageous tender submitted to the HCA.
Criteria
Demonstrated by
Scoring Method and Importance
Price
Provision of rates for a range of operations, which
are carried forward into Form B4 Schedule of
Works
Supplier 1 bid the lowest total rates and is awarded 100% of the marks available - 80
marks.
Supplier 4 bid at 110% of Supplier 1’s rates, and is awarded 1/110% of the marks
available, which is 72.73 marks
Note: the example figures below are purely illustrative to demonstrate scoring
Supplier 1
Supplier 2
Supplier 3
Supplier 4
Supplier 5
Total weighted
rate
Lowest
Rate
£50,000
£51,000
£53,000
£55,000
£60,000
£50,000
£50,000
£50,000
£50,000
£50,000
% score
in relation
to lowest
Tender.
100%
102%
106%
110%
120%
Score
80.00
78.43
75.47
72.73
66.67
27
November 15
Worked example of how your Quality score will be used to give a weighted score
Supplier
A
B
Q1 - Score out of 10
6
8
Weighting
10%
10%
Weighting Multiplier
1
1
Weighted Score
6
8
Worked example of how your price will be used to calculate a score
Supplier A
Supplier B
Supplier A Form of Tender price
350
Supplier B Form of Tender price
700
Lowest price as % of Supplier A price
350/350 = 100%
Lowest price as % of Supplier B price
350/700 = 50%
Supplier A marks out of 80
100%*80 = 80
Supplier B marks out of 80
50%*80 = 40
Worked example of Overall Result
Supplier
A
B
Quality Score
6
8
Price Score
80
40
Total Score
86
48
Ranked Position
1
2
28
November 15
PART B – DOCUMENTS TO BE RETURNED

The Supplier SHOULD RETURN ALL DOCUMENTS within the following section as part of
their Tender response.
29
November 15
[This page has intentionally been left blank for two sided printing]
30
November 15
Form B1 Certificate of Non-Collusion and Non-Canvassing
In recognition of the principal that the essence of Tendering is that the Homes and Communities
Agency shall receive bona fide competitive Tenders from all those Tendering:
WE CERTIFY THAT:
1.
The Tender submitted herewith is a bona fide Tender that is intended to be competitive.
2.
We have not fixed or adjusted the amount of the Tender under or in accordance with any
agreement or arrangement with any other person.
3.
We have not done and we undertake that we will not do at any time before the hour specified
for the return of the Tender any of the following acts:
(i)
communicate to a person other than the person calling for this Tender, the
amount or approximate amount of the proposed Tender (except where the
disclosure, in confidence, of the approximate amount of the Tender was essential
to obtain insurance premium quotations required for the preparation of the
Tender);
(ii)
enter into an agreement with any person that they shall refrain from Tendering or
as to the amount of any Tender submitted; and
(iii)
offer to pay or give any sum of money or valuable consideration directly or
indirectly to any person for doing or having done or causing or having caused to
have done in relation to any other Tender, any act or thing of the sort described
above.
5
We have not canvassed or solicited any employee of the Homes and Communities Agency, in
connection with the award of this Tender or any other Tender or proposed award of the
Tender for the supply of Supplies and Services and that to the best of our knowledge and
belief nor has any person employed by us or acting on our behalf, done any such act.
6
We further hereby undertake that we will not in the future canvass or solicit any employee of
the Homes and Communities Agency, in connection with this Tender or any other Tender or
proposed Tender for the supply of Supplies or Services and that no person employed by us or
acting on our behalf will do any such act.
IN THIS CERTIFICATE
1.
‘Person’ includes any person, any body or association corporate or incorporate.
2.
‘Any agreement or arrangement’ includes any transaction of the sort described above, formal
or informal and whether legally binding or not.
3.
‘Any canvassing or soliciting’ includes any direct or indirect canvassing or any attempts to
obtain information by any means.
Signed:
Date:
Name:
In the Capacity of:
Duly authorised to sign for and on behalf of:
31
November 15
32
November 15
Form B2 Suitability Assessment
Introduction to Suitability Assessment
The Suitability Assessment sets out the information which is required by the HCA in order to assess
the suitability of potential Suppliers. In assessing the answers to the questions, the HCA will be
seeking evidence of the Suppliers capability to perform the contract.
Suppliers must complete all sections of the Suitability Assessment. The Suitability Assessment will be
evaluated prior to reviewing Quality/Price information. The Suitability Assessment is evaluated on
Pass/Fail criteria. Should a Supplier ‘Fail’ any section then Quality/Price information will not be
reviewed.
Suppliers who self-certify that they meet specified requirements will be required to provide evidence of
this if they are successful at contract award stage.
33
November 15
1
1.1
Supplier Details
Full Legal name of the Supplier
completing the Suitability
Assessment
Registered company address
Registered company number
Registered charity number
Registered VAT number
Name of immediate parent
company
Name of ultimate parent
company
Please provide signed written
confirmation from a duly
authorised person within the
Parent Company that your
organisation has the authority to
enter into this contract or that the
Parent Company has provided
necessary authority for your
organisation to do so.
Written confirmation provided from Parent Company
Yes
No
If No, please provide details below as to why this has not been
provided.
Please confirm which
organisation will be entering into
Contract e.g. your organisation or
your Parent Company
Please mark ‘X’ in the relevant
box to indicate your trading
status
Please mark ‘X’ in the relevant
boxes to indicate whether any of
the following classifications apply
to you
1
i) a public limited company
Yes
ii) a limited company
Yes
iii) a limited liability partnership
Yes
iv) other partnership
Yes
v) sole trader
Yes
vi) other (please specify)
Yes
i) Voluntary, Community and Social
Enterprise (VCSE)
Yes
ii) Small or Medium Enterprise (SME) 1
Yes
iii) Sheltered workshop
Yes
iv) Public service mutual
Yes
See EU definition of SME: http://ec.europa.eu/enterprise/policies/sme/facts-figures-analysis/sme-definition/
34
November 15
1.2
Bidding Model
Please mark ‘X’ in the relevant box to indicate whether you are;
a) Bidding as a Prime Contractor and will deliver 100%
of the key contract deliverables yourself.
Yes
b) Bidding as a Prime Contractor and will use third
parties to deliver some of the Services.
Yes
If yes, please provide details of your
proposed bidding model that includes
members of the supply chain, the
percentage of work being delivered by each
sub-contractor and the key contract
deliverables each sub-contractor will be
responsible for using the sub-contracting
arrangements template included at the
end of this Suitability Assessment.
c) Bidding as Prime Contractor but will operate as a
Managing Agent and will use third parties to deliver all
of the Services.
Yes
If yes, please provide details of your
proposed bidding model that includes
members of the supply chain, the
percentage of work being delivered by each
sub-contractor and the key contract
deliverables each sub-contractor will be
responsible for using the sub-contracting
arrangements template included at the
end of this Suitability Assessment.
The Authority recognises that arrangements in relation to a consortium bid may be subject to future
change. Suppliers should therefore respond on the basis of the arrangements as currently envisaged.
Suppliers are reminded that the Authority must be immediately notified of any changes, or proposed
changes, in relation to the bidding model so that a further assessment can be carried out by applying
the selection criteria to the new information provided. The Authority reserves the right to deselect the
Supplier prior to any award of contract, based on an assessment of the updated information.
Suitability Assessment as part of a single composite response to the Authority i.e. each member of the
consortium is required to complete the form.
Yes
d) Bidding as a consortium but not proposing to create a
new legal entity.
Consortium members
If yes, please include details of your consortium in the
next column and use a separate Appendix (using the
‘Template for Appendices’) to explain the alternative
arrangements i.e. why a new legal entity is not being
created.
Lead member
Please note that the Authority may require the
consortium to assume a specific legal form if awarded
the contract, to the extent that it is necessary for the
satisfactory performance of the contract.
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November 15
e) Bidding as a consortium and intend to create a
Special Purpose Vehicle (SPV).
If yes, please include details of your consortium,
current lead member and intended SPV in the next
column and provide full details of the biding model,
including details of the actual or proposed
shareholding of the constituent members within the
new legal entity using a separate Appendix (using
the ‘Template for Appendices’).
1.3
Yes
Consortium members
Current lead member
Name of Special Purpose Vehicle
Contact Details
SUPPLIER CONTACT DETAILS FOR ENQUIRIES ABOUT THIS SUITABILITY ASSESSMENT
Name
Postal address
Country
Phone
Mobile
E-mail
36
November 15
1.4
Licensing and Registration
LICENSING AND REGISTRATION (please mark ‘X’ in the relevant box)
1.4.1
Registration with a professional
body
Yes
No
If applicable, is your business
registered with the appropriate
trade or professional register(s) in
the EU member state where it is
established (as set out in Annex
XI of directive 2014/24/EU) under
the conditions laid down by that
member state).
1.4.2
Is it a legal requirement in the
state where you are established
for you to be licensed or a
member of a relevant organisation
in order to provide the
requirement in this procurement?
Details specifically on Waste
Carriers Licence are required to
be provided here.
If Yes, please provide the registration number in this
box.
Professional Body
Registration Number
Yes
No
If Yes, please provide additional details within this box
of what is required and confirmation that you have
complied with this.
Upper Tier Licence
Yes
No
Name of licence carrier
Registered address
Licence Number
Expiry Date
If the organisation has identified they do not hold a
waste carriers licence, please provide details as to any
exemptions which apply and/or how waste will be
managed in the delivery of the Service.
37
November 15
2
Grounds for mandatory exclusion
The Authority may exclude any Supplier who answers ‘Yes’ in any of the following situations set out in
paragraphs 2.1 (a) to (n), or paragraph 2.2;
Any Supplier that answers ‘Yes’ should provide sufficient evidence, in a separate Appendix, that
provides a summary of the circumstances and any remedial action that has taken place subsequently
and effectively “self-cleans” the situation referred to in that question.
Please refer to Part A
Information, Section 3.2.7 for further information.
2.1
Within the past five years, has your organisation
(or any member of your proposed consortium, if
applicable), Directors or partner or any other
person who has powers of representation, decision
or control been convicted of any of the following
offences?
(a)
conspiracy within the meaning of section 1 or 1A of the
Criminal Law Act 1977 or article 9 or 9A of the Criminal
Attempts and Conspiracy (Northern Ireland) Order 1983
where that conspiracy relates to participation in a criminal
organisation as defined in Article 2 of Council Framework
Decision 2008/841/JHA on the fight against organised
crime;
(b)
corruption within the meaning of section 1(2) of the Public
Bodies Corrupt Practices Act 1889 or section 1 of the
Prevention of Corruption Act 1906;
(c)
the common law offence of bribery;
(d)
bribery within the meaning of sections 1, 2 or 6 of the
Bribery Act 2010; or section 113 of the Representation of
the People Act 1983;
(e)
any of the following offences, where the offence relates to
fraud affecting the European Communities’ financial
interests as defined by Article 1 of the Convention on the
protection of the financial interests of the European
Communities:
(i)
the offence of cheating the Revenue;
(ii)
the offence of conspiracy to defraud;
(iii)
fraud or theft within the meaning of the Theft Act
1968, the Theft Act (Northern Ireland) 1969, the
Theft Act 1978 or the Theft (Northern Ireland) Order
1978;
(iv)
fraudulent trading within the meaning of section 458
of the Companies Act 1985, article 451 of the
Companies (Northern Ireland) Order 1986 or
section 993 of the Companies Act 2006;
Please indicate your answer
by marking ‘X’ in the relevant
box.
Yes
No
38
November 15
(f)
(v)
fraudulent evasion within the meaning of section
170 of the Customs and Excise Management Act
1979 or section 72 of the Value Added Tax Act
1994;
(vi)
an offence in connection with taxation in the
European Union within the meaning of section 71 of
the Criminal Justice Act 1993;
(vii)
destroying, defacing or concealing of documents or
procuring the execution of a valuable security within
the meaning of section 20 of the Theft Act 1968 or
section 19 of the Theft Act (Northern Ireland) 1969;
(viii)
fraud within the meaning of section 2, 3 or 4 of the
Fraud Act 2006; or
(ix)
the possession of articles for use in frauds within
the meaning of section 6 of the Fraud Act 2006, or
the making, adapting, supplying or offering to supply
articles for use in frauds within the meaning of
section 7 of that Act;
any offence listed—
(i)
in section 41 of the Counter Terrorism Act 2008; or
(ii)
in Schedule 2 to that Act where the court has
determined that there is a terrorist connection;
(g)
any offence under sections 44 to 46 of the Serious Crime
Act 2007 which relates to an offence covered by
subparagraph (f);
(h)
money laundering within the meaning of sections 340(11)
and 415 of the Proceeds of Crime Act 2002;
(i)
an offence in connection with the proceeds of criminal
conduct within the meaning of section 93A, 93B or 93C of
the Criminal Justice Act 1988 or article 45, 46 or 47 of the
Proceeds of Crime (Northern Ireland) Order 1996;
(j)
an offence under section 4 of the Asylum and Immigration
(Treatment of Claimants etc.) Act 2004;
(k)
an offence under section 59A of the Sexual Offences Act
2003;
(l)
an offence under section 71 of the Coroners and Justice
Act 2009
(m)
an offence in connection with the proceeds of drug
trafficking within the meaning of section 49, 50 or 51 of the
Drug Trafficking Act 1994; or
(n)
any other offence within the meaning of Article 57(1) of the
Public Contracts Directive—
39
November 15
(i)
as defined by the law of any jurisdiction outside
England and Wales and Northern Ireland; or
(ii)
created, after the day on which these Regulations
were made, in the law of England and Wales or
Northern Ireland.
Non-payment of taxes
2.2
Has it been established by a judicial or administrative
decision having final and binding effect in accordance
with the legal provisions of any part of the United
Kingdom or the legal provisions of the country in
which your organisation is established (if outside the
UK), that your organisation is in breach of obligations
related to the payment of tax or social security
contributions?
If you have answered Yes to this question, please use a
separate Appendix (using the ‘Template for
Appendices’) to provide further details. Please also use
this Appendix to confirm whether you have paid, or have
entered into a binding arrangement with a view to paying,
including, where applicable, any accrued interest and/or
fines?
40
November 15
3
Grounds for discretionary exclusion – Part 1
The Authority may exclude any Supplier who answers ‘Yes’ in any of the following situations set out in
paragraphs (a) to (j);
Any Supplier that answers ‘Yes’ should provide sufficient evidence, in a separate Appendix, that
provides a summary of the circumstances and any remedial action that has taken place subsequently
and effectively “self-cleans” the situation referred to in that question.
Please refer to Part A
Information, Section 3.2.7 for further information.
3.1
Within the past three years, please indicate if any
of the following situations have applied, or
currently apply, to your organisation.
Please indicate your answer by
marking ‘X’ in the relevant box.
Yes
(a)
your organisation has violated applicable obligations
referred to in regulation 56 (2) of the Public Contract
Regulations 2015 in the fields of environmental, social
and labour law established by EU law, national law,
collective agreements or by the international
environmental, social and labour law provisions listed
in Annex X to the Public Contracts Directive as
amended from time to time;
(b)
your organisation is bankrupt or is the subject of
insolvency or winding-up proceedings, where your
assets are being administered by a liquidator or by the
court, where it is in an arrangement with creditors,
where its business activities are suspended or it is in
any analogous situation arising from a similar
procedure under the laws and regulations of any
State;
(c)
your organisation is guilty of grave professional
misconduct, which renders its integrity questionable;
(d)
your organisation has entered into agreements with
other economic operators aimed at distorting
competition;
(e)
your organisation has a conflict of interest within the
meaning of regulation 24 of the Public Contract
Regulations 2015 that cannot be effectively remedied
by other, less intrusive, measures.
No
Where there is an indication that
a conflict of interest exists or may
arise then the Supplier shall
inform the Authority use a
separate Appendix (using the
‘Template for Appendices’) of
the details of the conflict.
(f)
the prior involvement of your organisation in the
preparation of the procurement procedure has
resulted in a distortion of competition, as referred to in
regulation 41, that cannot be remedied by other, less
41
November 15
intrusive, measures;
(g)
your organisation has shown significant or persistent
deficiencies in the performance of a substantive
requirement under a prior public contract, a prior
contract with a contracting entity, or a prior concession
contract, which led to early termination of that prior
contract, damages or other comparable sanctions;
(h)
your organisation:(i)
(ii)
(i)
(j)
has been guilty of serious misrepresentation in
supplying the information required for the
verification of the absence of grounds for
exclusion or the fulfilment of the selection
criteria; or
has withheld such information or is not able to
submit supporting documents required under
regulation 59 of the Public Contract Regulations
2015; or
your organisation has undertaken to
(aa)
unduly influence the decision-making process of
the contracting authority, or
(bb)
obtain confidential information that may confer
upon your organisation undue advantages in
the procurement procedure; or
your organisation has negligently provided misleading
information that may have a material influence on
decisions concerning exclusion, selection or award.
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November 15
4
Economic and Financial Standing
FINANCIAL INFORMATION
4.1.
4.2
Please self-certify whether you already have, or can commit to provide the
following:
Yes

Up to date financial information in the form of full audited (or
unaudited) financial accounts. Where these are not available it is
possible to provide details of most recent year trading or a current
statement on financial position backed by bank letter or alternative
means including management accounts. This financial information
should support the measures identified in below
No

Relevant latest auditors report identifies that the organisation is a
going concern

Statement that the organisation is not subject of administration or
liquidation arrangements

Statement that any outstanding CCJs can be met by existing cash
reserves.
Suppliers who self-certify that they meet the requirements for these
additional modules will be required to provide evidence of as part of the
Tender return. For financial standing it is recognised that this evidence
may take a variety of forms reflecting the circumstances and organisation
type or size. To demonstrate your financial standing you will be required to
provide one of the following as part of your tender submission:
Please Note: Where the information provided under (a), (b) or (c) is more
than one year old, an explanation of this must be provided along with
additional data in line with option (d) or (e). Organisations who have
provided information above in accordance with options (a), (b) or (c) can
provide additional in with option (d) or (e) if appropriate to the
organisation’s circumstances.
(a)
A copy of the full audited accounts for the most recent two years
(b)
If (a) is not a viable option, a copy of the full non-audited accounts
for the most recent two years
(c)
If (b) is not a viable option, an explanation of why (a) and (b) are
not available or appropriate and a statement of the turnover,
income and expenditure account, balance sheet, and cash flow for
the most recent year of trading for this organisation
(d)
If (c) is not a viable option, an explanation why (a), (b) and (c) are
not available or appropriate and a statement of the income and
cash flow forecast for the current year and a bank letter outlining
the current cash and credit position
(e)
If (d) is not a viable option an explanation of why (a), (b), (c) and
(d) are not available or appropriate (e.g. a newly formed company)
and alternative means of demonstrating financial status (e.g.
management accounts or similar showing forecast of turnover for
the current year and a statement of funding provided by the owners
and/or the bank, charity accruals accounts).
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November 15
4.3
The specified level of economic and financial standing are a minimum
annual turnover x2 the contract value* (value taken from Form B5 Form of
Tender) and current ratio (current assets/current liabilities) of 1 for this
Suitability Assessment.
Yes
No
Please self-certify by answering ‘Yes’ or ‘No’ that you meet these
requirements.
* The HCA reserves the right to use information relating to other contracts
and awarded contracts with a particular Supplier to ensure that turnover is
x2 the contract being considered here but the total combined recent award
and amounts due on existing HCA contracts should the Supplier be
successful. In the first instance Suppliers should self-certify on the basis of
this contract only and indicate whether they have other contracts with the
HCA which may be relevant at the verification stage.
4.4
(a) Are you are part of a wider group (e.g. a subsidiary of a
holding/parent company)?
If yes, please provide the name below:
Yes
No
Full name of ultimate parent
organisation
Registered address of parent
Registered company number
Relationship to the supplier
completing the Suitability
Assessment
If yes, please provide Ultimate / parent company accounts if available.
Yes
No
If yes, would the Ultimate / parent company be willing to provide a
guarantee if necessary?
Yes
No
If no, would you be able to obtain a guarantee elsewhere (e.g from a
bank)?
Yes
No
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November 15
5
RELEVANT EXPERIENCE AND CONTRACT EXAMPLES
Contract 1
5.1
Name of customer organisation
5.2
Point of contact in customer
organisation
Contract 2
Contract 3
Position in the organisation
E-mail address
5.3
Contract start date
Contract completion date
Estimated Contract Value
5.4
In no more than 500 words,
please provide a brief
description of the contract
delivered including evidence as
to your technical capability in
this market.
5.5 If you cannot provide at least one example for questions 5.1 to 5.4, in no more than 500 words please provide an explanation for this e.g. your organisation is
a new start-up.
45
November 15
6
Additional Suitability Assessment modules
Suppliers who self-certify for these additional modules will be required to provide evidence of this if
they are the Preferred Supplier(s).
Please Note: This information will normally be required to be provided within 7 days of informing the
Preferred Supplier(s) and in any case prior to undertaking of Pre-Contract Meeting.
Please indicate your answer by marking ‘X’ in the relevant boxes.
A
1.
Insurance
Please self-certify whether you already have, or can commit to obtain, prior to the
commencement of the contract, the levels of insurance cover indicated below:
Yes
Employer’s (Compulsory) Liability Insurance = £10m
Public Liability Insurance = £5m
No
* It is a legal requirement that all companies hold Employer’s (Compulsory) Liability
Insurance of £5 million as a minimum. Please note this requirement is not
applicable to Sole Traders.
B
Compliance with equality legislation
For organisations working outside of the UK please refer to equivalent legislation in the country that you
are located.
1.
2.
In the last three years, has any finding of unlawful discrimination been made
against your organisation by an Employment Tribunal, an Employment Appeal
Tribunal or any other court (or in comparable proceedings in any jurisdiction other
than the UK)?
In the last three years, has your organisation had a complaint upheld following an
investigation by the Equality and Human Rights Commission or its predecessors (or
a comparable body in any jurisdiction other than the UK), on grounds or alleged
unlawful discrimination?
Yes
No
Yes
No
If you have answered “yes” to one or both of the questions in this module, please
provide, as a separate Appendix (using the Template for Appendices), a
summary of the nature of the investigation and an explanation of the outcome of the
investigation to date.
If the investigation upheld the complaint against your organisation, please use the
Appendix to explain what action (if any) you have taken to prevent unlawful
discrimination from reoccurring.
You may be excluded if you are unable to demonstrate to the Authority’s
satisfaction that appropriate remedial action has been taken to prevent similar
unlawful discrimination reoccurring.
3.
If you use sub-contractors, do you have processes in place to check whether any of
the above circumstances apply to these other organisations?
Yes
No
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November 15
C
1.
Environmental Management
Has your organisation been convicted of breaching environmental legislation, or
had any notice served upon it, in the last three years by any environmental
regulator or authority (including local authority)?
Yes
No
If your answer to this question is “Yes”, please provide details in a separate
Appendix (using the Template for Appendices) of the conviction or notice and
details of any remedial action or changes you have made as a result of conviction
or notices served.
The Authority will not select bidder(s) that have been prosecuted or served notice
under environmental legislation in the last 3 years, unless the Authority is satisfied
that appropriate remedial action has been taken to prevent future
occurrences/breaches.
2.
D
these organisations have been convicted or had a notice served upon them for
infringement of environmental legislation?
Yes
No
Health and Safety
PART 1
1.1
Please certify that your organisation has a Health and Safety Policy that complies
with current legislative requirements, which has been signed by the Chief Executive
(or equivalent) within the last two years.
Yes
No
If you are self-employed or employ less than 5 people and do not have a written
health and safety policy document, then briefly outline your arrangements for
managing health and safety within your business in a separate Appendix.
1.2
Is your organisation registered with a health and safety prequalification scheme
which is registered with Safety Schemes in Procurement, SSIP
If yes, please provide the name of scheme that you are registered with and date of
registration below, and then go to question 1.3.
Yes
No
Please Note: You will be required to provide evidence of your SSIP accreditation if
you are the Preferred Supplier(s).
Name of Scheme
Date of registration
Expiry date
If you are not registered with SSIP but are registered with a similar scheme please
provide details in a separate Appendix including date or registration, scheme
details or links to where this information is available online.
If you are in the process of registering with SSIP or equivalent schemes please
provide details in a separate Appendix including date of application and date the
registration is likely to be completed.
If you are not registered with SSIP or equivalent scheme, then please enclose a
copy of your health and safety policy document with your submission and complete
Part 2, Health and Safety Questionnaire.
47
November 15
1.3
Has your organisation or any of its Directors or Executive Officers been in receipt of
enforcement/remedial orders in relation to the Health and Safety Executive (or
equivalent body) in the last 3 years?
Yes
No
If your answer to this question was “Yes”, please provide date and details in a
separate Appendix of any enforcement/remedial orders served and give details of
any remedial action or changes to procedures you have made as a result.
1.4
the above circumstances apply to these other organisations?
Yes
No
1.5
Has your organisation had to report any injury, disease or dangerous occurrence to
the enforcing authorities as defined under the Reporting of Injuries, Diseases and
Dangerous Occurrences Regulations 1995 (RIDDOR) within the last three years?
Yes
No
If yes, please provide details in the table below.
Number of
Year
Over 3
day
injuries
Major
injuries
Fatal
injuries
Injuries
to the
public
Industrial
diseases
Dangerous
Occurrences
Average workers
employed in the period
2015
2014
2013
2012
Please Note: You may be required to provide details on injury, disease or dangerous occurrence as
defined under RIDDOR should you be selected as the Preferred Supplier.
Part 2 Health & Safety Questionnaire
This section should only be completed if your response to Question 1.2 requires this section to be
completed. Indication of the supporting evidence required is provided. Suppliers will be required to
provide this supporting evidence if they are the Preferred Supplier(s) only.
PART 2
2.1
Are you able to demonstrate that you have a policy and organisation for health
and safety (H&S) management?
Yes
No
Indication of supporting evidence to be provided
If yes, Please provide evidence of a periodically reviewed Health & Safety Policy,
endorsed by the Chief Executive (or equivalent). The policy should be relevant to
the anticipated nature and scale of activity to be undertaken and set out
responsibilities for H&S management at all levels in the organisation.
(Organisations with fewer than 5 employees, please see Note 1 below)
48
November 15
2.2
Are you able to describe your arrangements for ensuring that your H&S measures
are effective in reducing / preventing incidents, occupational ill-health and
accidents?
Yes
No
If yes, please provide details of the arrangements for H&S management that are
relevant to the anticipated nature and scale of activity to be undertaken and show
clearly how these arrangements are communicated to the workforce.
(Organisations with fewer than 5 employees, please see Note 1, below)
2.3
Do you have access to competent H&S advice/assistance – both general and
sector related?
Yes
No
If yes, please provide evidence of how your organisation obtains access to
competent H&S advice.
(Please see Note 2, below)
2.4
Do you have a policy and process for providing your staff/ workforce with training
and information appropriate to the types of activity that your organisation is likely
to undertake?
Yes
No
If yes, please provide evidence that your organisation has in place and
implements, training arrangements to ensure that its staff / workforce has
sufficient skills and understanding to discharge their various duties. This should
include refresher training (e.g. a CPD programme) that will keep the workforce
updated on good H&S practice applicable throughout the company.
2.5
Does your staff / workforce have H&S or other relevant qualifications and
experience sufficient to implement your H&S policy to a standard appropriate to
the activity that your organisation is likely to undertake?
Yes
No
If yes, please demonstrate and provide evidence that your staff/ workforce
possesses suitable qualifications and experience for the tasks assigned to them,
unless there are specific situations where they need to work under controlled and
competent supervision e.g. trainees.
2.6
2.7
Do you check, review and where necessary improve your H&S performance?
Yes
implements, an on-going system for monitoring H&S procedures on an on-going
basis and for periodically reviewing and updating that system as necessary.
No
Do you have procedures in place to involve your staff/ workforce in the planning
and implementation of H&S measures?
Yes
No
implements a means of consulting with its staff/ workforce on H&S matters and
show how staff/ workforce comments, including complaints are taken into account.
49
November 15
2.8
Do you routinely record and review accidents/ incidents and undertake follow-up
action?
Yes
No
If yes, demonstrate that your organisation has in place a system for reviewing
significant incidents, and recording action taken as a result including action taken
in response to any enforcement.
2.9
Do you have arrangements for ensuring that your suppliers apply H&S measures
to a standard appropriate to the activity for which they are being engaged?
Yes
No
If yes, please demonstrate and provide evidence that your organisation has and
implements, arrangements for ensuring that H&S performance throughout the
whole of your organisation’s supply chain is appropriate to the work likely to be
undertaken.
2.10
Do you operate a process of risk assessment capable of supporting safe methods
of work and reliable project delivery where necessary?
Yes
No
If yes, please demonstrate and provide evidence that your organisation has in
place and implements procedures for carrying out relevant risk assessments and
for developing and implementing safe systems of work (‘method statements’).
You should be able to provide indicative examples. The identification and control
of any significant occupational health (not just safety) issues should be prominent.
(Organisations with fewer than 5 employees, See Note 1, below).
2.11
Do you have arrangements for co-operating and co- coordinating your work with
others (including other suppliers, notably contractors)?
Yes
No
If yes, please provide explanation of how co-operation and co-ordination of the
work is achieved in practice, and how other organisations are involved in drawing
up method statements / safe systems of work etc. including arrangements for
response to emergency situations. This should include details of how comments
and input from your suppliers will be taken into account and how external
comments including any complaints, will be responded to.
2.12
Do you have arrangements for ensuring that on-site welfare provision meets legal
requirements and the needs / expectations of your employees?
Yes
No
If yes, demonstrate and provide evidence about how you ensure suitable welfare
facilities will be in place before starting work on site, whether provided by a sitespecific arrangement or your own organisational measures.
NOTE 1: Organisations with fewer than five employees are not legally required to have a documented
policy statement. If a Supplier is in this category it does not have to write down its policy, organisation
or arrangements. However, it does need to be able to demonstrate that its policy and arrangements
are adequate in relation to the type of activity likely to be.
NOTE 2: Access to competent in-house advice, in whole or part, is preferred. It is essential that H&S
advisor(s) are able to provide general and industry specific e.g. construction, H&S advice.
50
November 15
7
Completion Checklist
7.1
List of enclosures/attachments
Please confirm that you have completed all the sections within this Suitability Assessment and where
appropriate; that you have enclosed the relevant information with your completed submission.
Completed
(Yes/No/n/a)
Section
Enclosed
(Yes/No/n/a)
1
1.1
Supplier Details
Yes
No
1.2
Bidding Model
Yes
No
Option C – Details provided of your proposed bidding
model, including members of the supply chain, % work
delivered by each sub-contractor and key contract
deliverables each sub-contractor will be responsible for,
using the ‘Sub-contracting Arrangements Template’.
Yes
No
Yes
No
Option D – Details of your consortium and explanation as
to the alternative arrangements i.e. why a new legal entity
is not being created using the ‘Template for Appendices’.
Yes
No
Yes
No
Option E – Full details of the biding model using the
‘Template for Appendices’.
Yes
No
Yes
No
1.3
Supplier Contact Details for Enquiries about
this Suitability Assessment
Yes
No
1.4
Licensing and Registration
Yes
No
1.4.2 – If Yes, please provide additional details of what is
required for you to be licensed or a member of a relevant
organisation to provide the requirements and confirmation
that you have complied with this.
Yes
No
2
Yes
No
If Yes, please provide additional details using the
‘Template for Appendices’ providing further details as
requested
Yes
No
Yes
No
2.2
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Yes
No
Grounds for Mandatory Exclusions
Non Payment of Taxes
requested
3
Grounds for Discretionary Exclusion – Part 1
requested
4
Economic and Financial Standing
(a)
A copy of the audited accounts for the most
recent two years
Yes
No
Yes
No
(b)
If (a) is not a viable option, a copy of the full nonaudited accounts for the most recent two years
Yes
No
Yes
No
51
November 15
Completed
(Yes/No/n/a)
Section
Enclosed
(Yes/No/n/a)
(c)
If (b) is not a viable option, an explanation of why
(a) and (b) are not available or appropriate and a
statement of the turnover, income and
expenditure account, balance sheet, and cash
flow for the most recent year of trading for this
organisation
Yes
No
Yes
No
(d)
If (c) is not a viable option, an explanation why
(a), (b) and (c) are not available or appropriate
and a statement of the income and cash flow
forecast for the current year and a bank letter
outlining the current cash and credit position
Yes
No
Yes
No
(e)
If (d) is not a viable option an explanation of why
(a), (b), (c) and (d) are not available or
appropriate (e.g. a newly formed company) and
alternative means of demonstrating financial
status (e.g. management accounts or similar
showing forecast of turnover for the current year
and a statement of funding provided by the
owners and/or the bank, charity accruals
accounts).
Yes
No
Yes
No
Yes
No
The specified level of economic and financial standing are
a minimum annual turnover x2 the contract value and
current ratio (current assets/current liabilities) of 1 for this
Suitability Assessment.
Please self-certify by answering ‘Yes’ or ‘No’ that you
meet these requirements.
(a) Are you are part of a wider group (e.g. a subsidiary of a holding/parent company)?
Ultimate / parent company accounts provided, if available.
Yes
No
Yes
No
Confirmation of Ultimate / parent company willingness to
provide a guarantee if necessary?
Yes
No
Confirmation that you can obtain a guarantee elsewhere
(e.g from a bank)?
Yes
No
5
Yes
No
6
Additional Suitability Assessment Modules
6A
Insurance
Yes
No
6B
Compliance with Equality Legislation
Yes
No
If Yes, to questions B.1 and/or B.2 please provide
additional details using the ‘Template for Appendices’
providing further details as requested
Yes
No
Yes
No
6C
Yes
No
If Yes, to question C.1 please provide additional details
using the ‘Template for Appendices’ providing further
details as requested
Yes
No
Yes
No
6D
Yes
No
Yes
No
Part 1
Yes
No
Part 2 Health & Safety Questionnaire
Yes
No
Environmental Management
Health and Safety
52
November 15
Template for Appendices
Appendix Number Suitability Assessment Section Question number -
53
November 15
Template for Sub-Contracting Arrangements
If your answer to 1.2 ‘Bidding Model’ is (b) or (c) please indicative in the table below (by inserting the
relevant company/organisation name) the composition of the supply chain, the percentage of work to
be delivered by each sub-contractor and the key contract deliverables that each sub-contractor will be
responsible for.
How much of the
requirement will be delivered
by the Prime Contractor (%)
and what will the subcontractor / consortia deliver
directly (%)?
Company/Organisation
Key contract deliverables that
each sub-contractor will be
responsible for (please list).
Of the identified sub-contractors above, please indicate the number of sub-contractors that fall into the
following business classifications
Business Classification
Please Indicate Number
Voluntary, Community and Social Enterprise (VCSE)
Small or Medium Enterprise (SME)
2
Sheltered workshop
Public service mutual
Where sub-contractors will play a role in the delivery of this service you will need to demonstrate a
satisfactory methodology and track record of delivering a supply chain. Please give a brief outline on
policy regarding the use of sub-contractors.
Methodology for procuring and managing supply chain (maximum of 1 side of A4)
2
See EU definition of SME: http://ec.europa.eu/enterprise/policies/sme/facts-figures-analysis/sme-definition/
54
November 15
Form B3 Quality Submission
To enable the HCA to evaluate the quality element of the Award Criteria, we require Suppliers to
provide a response to the delivery of the Scope of Services outlined in Section 4.
Unless otherwise stated, the page limit for each set of questions is limited as detailed within Section
12 Evaluation Criteria. Any text beyond this will be ignored and will not be evaluated.
Suppliers should refer to Section 12 ‘Evaluation Criteria’, contained within Part A of this
document as to the relevant weighting of each question and the scoring framework that will be used
within the evaluation.
Weighting – 10%
1. What method will you take to the overall delivery of the Service on the sites?
Weighting – 5%
2. How will your organisation undertaken Services on a site with a public presence and what provisions
have you put in place for this?
Weighting – 5%
3. How will you ensure that the risks of the project are considered?
55
November 15
56
November 15
Form B4 Schedule Of Works
See attached individual spreadsheet Form B4 Schedule of Works (Excel Document), provided
alongside this Invitation to Tender.
Total price should be carried forward to the Form of Tender within Form B5, which is to be printed and
signed and returned at the front of your tender response.
57
November 15
58
November 15
Form B5 Form of Tender
Homes and Communities Agency
FORM OF TENDER – SUPPLIERS TO CARRY FORWARD TOTAL PRICE FROM FORM B4
SCHEDULE OF WORKS
NL437 Telford Town Sites Term Landscape Maintenance & Cleansing Contract, 2016 - 2019
HCA Tender Reference: HCAP16057
Chief Executive
HCA
I/We having read the tender documentation delivered to us and do hereby offer to provide the NL437
Telford Town Sites Term Landscape Maintenance & Cleansing Contract described for the sum carried
from the Pricing Schedule for the Period 2016 – 2019[*]:
for the Fixed Price sum of [**]:
(amount in words as arrived at in the Form B4 Schedule Of Works)
[*] Period based on initial 2 year duration 2016/17 & 2017/18.
2018 – 2019 represents an extension year which is subject to written approval of the Employer.
[**] Fixed Price Sum is based on Year 1 cost with an RPI increase (to be identified by the Employer) applied to
Year 2 and 3 subject to achievement of the required KPI score as detailed in Clause 3 & 9 of Appointment of
Landscape Contractor. The total 3 year value should be taken forward as the Fixed Price Sum.
Total for Period (£ __________________________ p).
(amount in numbers as arrived at in the Form B4 Schedule of Works)
The lump sum tender is made up of annual sums as shown below:
2016/17
£ ________________________________________
2017/18
£ ________________________________________
2018/19
£ ________________________________________
I/We confirm that we currently hold (or agree to effect) Public Liability/Third Party Insurance
indemnifying us and the Employer against such liability with a limit of indemnity of not less than £5
million in any one accident, unlimited in any one year.
This Tender remains open for acceptance for six calendar months from the tender return date.
I/We have not included in the above sum any amount in respect of VAT.
I/We understand that it may be necessary to negotiate a level of cost acceptable to the Employer.
59
November 15
I/We agree and understand that no insertion or endorsement made to this Form of Tender or any other
conditions made by the Supplier in connection with this tender figure will be accepted by the Employer
and any such insertion, endorsement or condition shall render the tender liable to rejection by the
Employer.
Date
___________________________________ Signature* __________________________________
Company ___________________________________ Name ______________________________________
Address ___________________________________
___________________________________
___________________________________ Witness signature ____________________________
Name
*IN THE CASE OF PARTNERSHIPS OR SOLE PRACTITIONERS A PARTNER OR THE SOLE
PROPRIETOR MUST SIGN HERE.
The Agency does not bind themselves to accept any tender and no expense by a person submitting a
tender will be paid for.
60
November 15
Form B6 Document Receipt Confirmation
As part of this Tender exercise a number of documents have been provided to the Supplier to inform
the pricing of the Service documents provided as part of this Tender exercise are listed below:
Document Title
Appendix 1 – Maintenance Specification
NL437 Telford Town Sites Term Landscape Maintenance &
Cleansing Specification 2016 - 2019
Appendix 2 – Contract Drawings
G.5060.NL437.01 TF001 Whitchurch Drive, Rev0, 17.09.2015
G.5060.NL437.02 TF002 Hortonwood 60, Rev0, 17.09.2015
G.5060.NL437.04 TF004 Wellington Road, Rev0, 17.09.2015
G.5060.NL437.05 TF006 St Peters Walk, Rev0, 17.09.2015
G.5060.NL437.06 TF007 Sparrowhawk Way, Rev0, 17.09.2015
G.5060.NL437.07 TF008 Peregrine Way, Rev0, 17.09.2015
G.5060.NL437.08 TF009 Nr Leegate Avenue, Rev0, 17.09.2015
G.5060.NL437.09 TF011 Silkin Way, Rev0, 17.09.2015
G.5060.NL437.011 TF016 Lytham Green (North), Rev0, 17.09.2015
G.5060.NL437.012 TF016 Lytham Green (South), Rev0, 17.09.2015
G.5060.NL437.013 TF017 Apley Avenue, Rev0, 17.09.2015
G.5060.NL437.014 TF019 Smiths Crescent, Rev0, 17.09.2015
G.5060.NL437.015 TF021 Lodge Road, Rev0, 17.09.2015
G.5060.NL437.016 TF023 Granville Road, Rev0, 17.09.2015
G.5060.NL437.017 TF024 Redhill Way, Rev0, 17.09.2015
G.5060.NL437.018 TF025 Sommerfield Road, Rev0, 17.09.2015
G.5060.NL437.019 TF027 Daisy Bank Drive, Rev0, 17.09.2015
G.5060.NL437.020 TF028 Keepers Crescent, Rev0, 17.09.2015
G.5060.NL437.021 TF029 Tuberville Close, Rev0, 17.09.2015
G.5060.NL437.022 TF032 Gatcombe Way, Rev0, 17.09.2015
G.5060.NL437.024 TF034 Glendale Gardens, Rev0, 17.09.2015
G.5060.NL437.027 TF038 Marlborough Way, Rev0, 17.09.2015
G.5060.NL437.028 TF039 & TF040 Colliers Way, Rev0, 17.09.2015
G.5060.NL437.029 TF041 Colliers Way, Rev0, 17.09.2015
G.5060.NL437.031 TF044 Caledonian Way, Rev0, 17.09.2015
G.5060.NL437.032 TF045 Hall Park Way, Rev0, 17.09.2015
G.5060.NL437.034 TF049 Rampart Way, Rev0, 17.09.2015
G.5060.NL437.035 TF052 Ironmasters Way, Rev0, 17.09.2015
G.5060.NL437.036 TF053 Hollinsgate, Rev0, 17.09.2015
G.5060.NL437.037 TF054 Stafford Park 1, Rev0, 17.09.2015
G.5060.NL437.038 TF056 Stone Row, Rev0, 17.09.2015
G.5060.NL437.039 TF061 Naird Lane, Rev0, 17.09.2015
G.5060.NL437.043 TF066 Halesfield 24, Rev0, 17.09.2015
Format
Location
PDF
Provided with
Appendix 1 of
Invitation to
Tender Document
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
Provided with
Appendix 2
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
61
November 15
Document Title
G.5060.NL437.047 TF072 Majestic Way, Rev0, 17.09.2015
G.5060.NL437.048 TF073 Lightmoor Road, Rev0, 17.09.2015
G.5060.NL437.049 TF074, TF075 & TF076 Crackshall Lane, Rev0,
17.09.2015
G.5060.NL437.050 TF077 Newcomen Way, Rev0, 17.09.2015
G.5060.NL437.051 TF078 Ironbridge High Street, Rev0, 17.09.2015
G.5060.NL437.052 TF079 Jockey Bank, Rev0, 17.09.2015
G.5060.NL437.053 TF081 Reynards Coppice, Rev0, 17.09.2015
Appendix 3 – The Contract
Format
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
PDF
Location
Provided with
Appendix 2
PDF
Provided with
Appendix 3 of
Invitation to
Tender Document
Maintenance_INVITATION TO TENDER
PDF
Provided as PDF
NL437 Telford Town Sites Term Landscape Maintenance_PART B
DOCUMENTS TO BE RETURNED
Word
Provided as
separate
document to ITT
NL437 Telford Town Sites Term Landscape Maintenance_ FORM B4
SCHEDULE OF WORKS
Excel
Provided as
separate
document to ITT
Appointment of Landscape Contractor relating to NL437 Telford
Town Sites Term Landscape Maintenance & Cleansing Contract
2016 - 2019
Other Documents
I, the undersigned, state that I received the documents listed above and inspected the Service
specified stated in the Contract Documentation for NL437 Telford Town Sites Term Landscape
Maintenance & Cleansing Contract 2016 - 2019
Date of Receipt:
Company:
Name:
Signed:
Position:
62
November 15
Form B7 Confirmation Of Site Visit
Access arrangements to the sites within the scope of the Contract are as detailed below:
Site
Access Arrangements
1. TF001 Whitchurch Drive
2. TF002 Hortonwood 60
4. TF004 Wellington Road
5. TF006 St Peters Walk
6. TF007 Sparrowhawk Way
7. TF008 Peregrine Way
8. TF009 Nr Leegate Avenue
9. TF011 Silkin Way
11. TF016 Lytham Green
12. TF017 Apley Avenue
13. TF019 Smiths Crescent
14. TF021 Lodge Road
15. TF023 Granville Road
16. TF024 Redhill Way
17. TF025 Sommerfield Road
18. TF027 Daisy Bank Drive
Site is partially tenanted. Roadside parking and access is
from road along north boundary, or park in A442 lay-by.
Site is partially tenanted. Roadside parking along west
boundary of non-tenanted plot. Access to rear on foot
through pedestrian gate to north of pumping station.
Site is open access. Roadside parking on Hortonwood
50.
Small plot is open access with parking in small carpark off
Wellington Road. Large plot is fenced with parking in
main gateway on Wellington Road. Gate is locked but site
can be partially viewed through the gate and from the
west boundary.
Site is open access. Roadside parking on Bratton Road.
Site is partially tenanted. Roadside parking and access
on Peregrine Way.
Site is open access. Roadside parking and access on
Peregrine Way or Pintail Drive.
Site is partially tenanted. Roadside parking and access is
on road heading north from Leegomery Roundabout.
Site is partially tenanted. Roadside parking and
pedestrian access is by the swing barrier and gate on
Silkin Way off Hadley Park East.
Site is partially tenanted. Stub-road parking and access
from east boundary on Horton Lane off Hortonwood 30.
Site is open access. Roadside parking is on Marshbrook
Way (avoiding school entrance ‘no stopping’ area). East
side can be accessed along Muxton Lane.
Site is fenced. Stub-road parking off Whitchurch Drive.
Gate is locked but site can be partially viewed from the
north boundary. JAPANESE KNOTWEED PRESENT.
Site is fenced. Roadside parking and access on Smiths
Crescent. Gate is locked but site can be partially viewed
from north west boundary.
Site is mostly fenced except for road and path areas. Can
be accessed from north and south boundaries, with
roadside parking on Lodge Road. JAPANESE
KNOTWEED PRESENT.
Site is partially tenanted and fenced although pedestrian
access across the site is possible from south boundary
on Granville Road along with roadside parking. Vehicle
access through locked swing barrier and gate on
Donnington Wood Way. JAPANESE KNOTWEED
PRESENT.
Site is fenced and hedged, access from vehicle gate on
south east boundary along with roadside parking.
Site is open access. No parking close-by due to busy
main road, although there is a carpark on east side of
road (not HCA owned).
Site is open access. Roadside parking on Daisy Bank
Drive. JAPANESE KNOTWEED PRESENT.
63
November 15
Site
Access Arrangements
19. TF028 Keepers Crescent
20. TF029 Turberville Close
21. TF032 Gatcombe Way
22. TF033 Gatcombe Way
23. TF034 Glendale Gardens
26. TF038 Marlborough Way
27. TF039 & TF040 Colliers Way
28. TF041 Colliers Way
29. TF043 Colliers Way
30. TF044 Caledonian Way
31. TF045 Hall Park Way
32. TF046 Hall Park Way
33. TF049 Rampart Way
34. TF052 Ironmasters Way
35. TF053 Hollinsgate
36. TF054 Stafford Park 1
Site is open access although small bollards on south
boundary. Play area is fenced with access through
unlocked pedestrian gate on Keepers Crescent along
with roadside parking. JAPANESE KNOTWEED
PRESENT.
Site is open access. Roadside parking on Daisy Bank
Drive.
Site is fenced. Access through vehicle gate on Gatcombe
Way along with roadside parking.
Site is open access. Roadside parking on Gatcombe
Way.
Site is tenanted. Hedge to be cut can be accessed from
Arleston Lane. Lane is narrow so roadside parking may
not be possible.
Site is partially tenanted. Hedge to be cut and nontenanted areas can be accessed from Arleston Lane.
Lane is narrow so roadside parking may not be possible.
Arleston Lane. Roadside parking at south end of Arleston
Lane.
Site is open access. Stub road parking off Marlborough
Way.
Site is partially tenanted. Pond areas by north boundary
are open access. Roadside parking on Colliers Way.
Site is partially tenanted. South boundary is open access.
Roadside parking on Colliers Way and Park Lane.
Site is open access. Roadside parking on Colliers Way.
Site is partially fenced but can be accessed from east and
north boundaries. Roadside parking on Colliers Way.
Access through unlocked vehicle gate on south
boundary. No parking close by due to busy roads.
Site is open access. No parking close by due to busy
roads.
roads.
roads.
roads.
roads.
37. TF056 Stone Row
Site is open access with roadside parking on Stone Row.
38. TF061 Naird Lane
Site includes road used by tenants who control access
via a vehicle barrier at the east end of the site. Open
access on foot.
Site is open access with roadside parking on Naird Lane.
42. TF066 Halesfield 24
Naird Lane. Lane is narrow so roadside parking may not
be practical.
Naird Lane. Lane is narrow so roadside parking may not
be practical.
roadside. Parking available in Halesfield 1 lay-by
roadside. Roadside parking along Halesfield 25.
64
November 15
Site
Access Arrangements
Site is open access although small bollards along
boundary. Roadside parking along Halesfield 25.
Site is open access although small bollards along
boundary. Roadside parking along Halesfield 23.
Site is partially tenanted. Access on foot along all
boundaries and open access to south section. Roadside
parking on Majestic Way.
Site is open access from Lightmoor Road. Parking
available in lay-by by vehicle gate. JAPANESE
KNOTWEED PRESENT.
Site is partially tenanted. Open access along all hedges
to be cut. JAPANESE KNOTWEED PRESENT.
Site is partially tenanted. Untenanted section is open
access although small bollards and swing barrier in place.
46. TF072 Majestic Way
47. TF073 Lightmoor Road
48. TF074, TF075 & TF076
Crackshall Lane
49. TF077 Newcomen Way
50. TF078 Ironbridge High Street
Site is open access with roadside parking on Church Hill.
Site is open access with roadside parking on New Bridge
Road.
Site is open access but dense woodland. Parking and
52. TF081 Reynards Coppice
access from Telford Hotel & Golf Resort, or roadside
parking on Punta Verde Drive.
Site is open access. Roadside parking along Halesfield
18.
Site is open access on foot. Stub road parking at north
54. TF084 Redhill Way
west corner of site. JAPANESE KNOTWEED PRESENT.
* Please Note: Roadside/stub road parking is at Suppliers own risk
51. TF079 Jockey Bank
I, the undersigned, state that I visited the above sites on
2015
and inspected the Service specified in the Contract Documentation for NL437 Telford Town Sites
Term Landscape Maintenance & Cleansing Contract, 2016 - 2019
Company:
Name:
Signed:
Position:
65
November 15
66
November 15
Form B8 Tender Return Checklist
In order to allow the HCA to evaluate your submission and assist your organisation in ensuring it has
submitted a compliant Tender, please confirm that you have completed the following Sections and
enclosed the relevant documents as detailed in the Tender Documentation by completing the
following:
Completed section
Form B1 Certification of Non-Collusion and Non-Canvassing
Yes
No
Form B2 Suitability Assessment
Yes
No
Form B3 Quality Submission
Yes
No
Form B4 Schedule of Works
Yes
No
Form B5 Form of Tender
Yes
No
Form B6 Document Receipt Confirmation
Yes
No
Form B7 Confirmation of Site Visit
Yes
No
Form B8 Tender Return Checklist
Yes
No
Financial Information as indicated in Form B2, Section 4 Economic and
Financial Standing
Yes
No
Declaration:
I declare that to the best of my knowledge the information provided in this Invitation to Tender are
correct. I understand that the information will be used in the evaluation process to assess my
organisation’s suitability to provide the Service and I am signing on behalf of my organisation. I
understand that HCA may reject this Tender or terminate any subsequent agreement if there is a
failure to answer all relevant questions fully or if I provide false/misleading information.
DECLARATION COMPLETED BY
Name and Position:
Signature:
Date:
The following appendices form part of our submission
Section of ITT
Appendix Number
Appendix Name
67
November 15
68
November 15
APPENDIX 1
NL437 Telford Town Sites Term Landscape Maintenance & Cleansing Specification 2016 - 2019
1.
The definitions within the Specification should be read as the following:

Contractor – Supplier

Employer – the HCA
69
November 15
[This page has intentionally been left blank for double-sided printing]
70
November 15
NL437 TELFORD TOWN SITES TERM LANDSCAPE MAINTENANCE
& CLEANSING SPECIFICATION 2016 - 2019
November 2015
PROTECT - COMMERCIAL
November15
MAINTENANCE SPECIFICATION CONTENTS
Items
1.0
Page(s)
Summary of Quantities
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
1.32
1.33
1.34
1.35
1.36
1.37
1.38
1.39
1.40
1.41
1.42
1.43
1.44
1.45
1.46
1.47
1.48
1.49
1.50
1.51
TF001 Whitchurch Drive
TF002 Hortonwood 60
TF003 Hortonwood 50
TF004 Wellington Road
TF006 St Peters Walk
TF007 Sparrowhawk Way
TF008 Peregrine Way
TF009 Nr Leegate Avenue
TF011 Silkin Way
TF012 Hortonwood 40
TF016 Lytham Green (North & South)
TF017 Apley Avenue
TF019 Smiths Cescent
TF021 Lodge Road
TF023 Granville Road
TF024 Redhill Way
TF023 Sommerfield Road
TF027 Daisy Bank Drive
TF028 Keepers Crescent
TF029 Tuberville Close
TF032 & 033 Gatcombe Way
TF034 – 036 Glendale Gardens
TF038 Marlborough Way
TF039 & 40 Colliers Way
TF041 Colliers Way
TF043 Colliers Way
TF044 Caledonian Way
TF045 Hall Park Way
TF046 Hall Park Way
TF049 Rampart Way
TF052 Ironmasters Way
TF053 Hollinsgate
TF054 Stafford Park 1
TF056 Stone Row
TF061 Naird Lane
TF062 Naird Lane
TF063 Naird Lane
TF065 Naird Lane
TF066 Halesfield 24
TF068 Halesfield 24
TF069 Halesfield 24
TF070 Halesfield 24
TF072 Majestic Way
TF073 Lightmoor Road
TF074 – 76 Crackshall Lane
TF077 Newcomen Way
TF078 Ironbridge High Street
TF079 Jockey Bank
TF081 Reynards Coppice
TF083 Halesfield 18
TF084 Redhill Way
M/1
M/1
M/1
M/2
M/2
M/3
M/3
M/4
M/4
M/4
M/5
M/5
M/6
M/6
M/7
M/7
M/8
M/8
M/9
M/9
M/10
M/11
M/11
M/12
M/12
M/13
M/13
M/14
M/14
M/15
M/15
M/16
M/16
M/17
M/17
M/18
M/18
M/18
M/18
M/19
M/19
M/19
M/20
M/20
M/21
M/21
M/21
M/22
M/22
M/22
M/23
November15
2.0
Key Performance Monitoring
M/24
3.0
Extra Definitions
4.0
Maintenance Specification & Coding
4.1
Cleansing
4.2
Weed Control
4.3
Grass Cutting
4.4
Site Inspections and Reporting
4.5
Individual Trees
4.6
Shrub Maintenance
4.7
Hedge Cutting
4.8
Herbaceous Planting
4.9
Aquatic Plant Material
4.10
Gully Clearance
4.11
Horticultural Materials
4.12
Unplanned Works Information
4.13
Unplanned Planting General
4.14
Unplanned Playing Field Works
4.15
Unplanned Hard Works
M/25
M/26
M/30
M/36
M/40
M/43
M/49
M/52
M/56
M/57
M/58
M/59
M/63
M/66
M/73
M/74
Appendices
A
Treatment Codes
B
Pesticide Form
C
KPI Audit Form
D
Hazard Notification Form
E
Unplanned Work Request
F
Written Instruction Notice
G
Immediate Rectification Notice
H
Site Inspection Report
SHADED OUT ITEMS
Contractors should note that the Maintenance Specification provided is the HCA’s complete
Specification in its entirety. As a consequence, there are items of the Maintenance
Specification which are not currently applicable to the Planned Works within this Contract
NL437 Telford Town Sites Term Landscape Maintenance & Cleansing 2016 – 2019 and have,
therefore, been greyed out to draw Contractors specific attention to Planned Worked Items
and for ease of reference.
Contractors should note that during the ‘Term’ of the Contract Unplanned Works may be
required for which these ‘greyed out’ Maintenance Specification items may then become
applicable.
November15
1.0
SUMMARY OF QUANTITIES
1.1
TF001 Whitchurch Drive
Code
Specification
Quantity for tender
Cleanse and Inspect:
Cleanse & Inspect, Monthly
to Waterbodies
12 Visits
1,339 m2
Cleanse & Inspect, Bimonthly to Semi-Mature
woodland
6 Visits
15,828 m2
1.2
TF002 Hortonwood 60
Code
Specification
Quantity for tender
One Side Only
122 lin m
6 Visits
2,286 m2
Hedge Cutting:
H1
Cleanse & Inspect, Bimonthly to all areas
excluding Let Land
1.3
TF003 Hortonwood 50
Code
Specification
Quantity for tender
Grass Cutting:
G4A
Long Grass – 1 Cut Only
25 m2
Weed control in shrub beds, footpaths and
bridleways, car parks, hardstanding and hard
features
19 m2
Weed Control:
W1
to whole site.
145 m2
12 Visits
M/1
November 15
1.4
TF004 Wellington Road
Code
Specification
Quantity for tender
Grass Cutting
736 m2
G2
Short Grass
G4A
9,769 m2
Weed Control:
W1
Weed Control in Shrub Beds, Footpaths,
Bridleways, Car Parks, Hardstanding and
Hard Features
49 m2
to whole site.
1.5
13,120 m2
12 Visits
TF006 St Peters Walk
Code
Specification
Quantity for tender
Grass Cutting:
G3
166 m2
Rough Grass
Hedge Cutting:
H2
One Side and Top
57 lin m
H4
Both Sides and Top
52 lin m
Weed Control:
W1
Hard Features
161 m2
12 Visits
327 m2
to whole site
M/2
November 15
1.6
TF007 Sparrowhawk Way
Code
Specification
Quantity for tender
Grass Cutting:
G2
Short Grass
1,586 m2
12 Visits
2,799 m2
to whole site excluding Let
Land
1.7
TF008 Peregrine Way
Code
Specification
Quantity for tender
Grass Cutting:
2,196 m2
G2
Short Grass
G4B
Long Grass – 2 Cuts Only
25,592 m2
Ornamental Shrub and Ground Cover Pruning:
O1
Ornamental Shrub and Ground Cover
Pruning
1,279 m2
Pleached Limes:
T7
Pleached Limes
1 Item
Weed Control:
W1
Hard Features
1,919 m2
to whole site.
29,408 m2
12 Visits
M/3
November 15
1.8
TF009 Nr Leegate Avenue
Code
Specification
Quantity for tender
Land
1.9
5,124 m2
12 Visits
TF011 Silkin Way
Code
Specification
Quantity for tender
Grass Cutting:
G4A
5,008 m2
Weed Control:
W1
Hard Features
144 m2
Cleanse & Inspect, monthly
Land
1.10
5,899 m2
12 Visits
TF012 Hortonwood 40
Code
Specification
Quantity for tender
Grass Cutting:
4,176 m2
Land and Woodland
12 Visits
4,478 m2
Cleanse & Inspect, Bimonthly to Woodland
6 Visits
3,776 m2
G4A
M/4
November 15
1.11
TF016 Lytham Green (North & South)
Code
Specification
Quantity for tender
Grass Cutting:
526 m2
G2
Short Grass
G3
Rough Grass
1,142 m2
H1
One Side Only
296 lin m
H2
One Side and Top
425 lin m
12 Visits
1,668 m2
Hedge Cutting:
Land
1.12
TF017 Apley Avenue
Code
Specification
Quantity for tender
Grass Cutting:
Long Grass – 1 Cut
9,068 m2
One Side and Top
354 lin m
to grassland
12 Visits
9,068 m2
6 Visits
25,527 m2
G4A
Hedge Cutting:
H2
M/5
November 15
1.13
TF019 Smiths Crescent
Code
Specification
Quantity for tender
Grass Cutting:
G3
283 m2
Rough Grass
Weed Control:
W1
Hard Features
11 m2
to all areas excluding
Woodland
12 Visits
293 m2
6 Visits
501 m2
1.14
TF021 Lodge Road
Code
Specification
Quantity for tender
Grass Cutting:
G2
809 m2
Short Grass
Hedge Cutting:
H1
One Side Only
106 lin m
H2
One Side and Top
22 lin m
Weed Control:
Hard Features
1,206 m2
Woodland
12 Visits
2,221 m2
6 Visits
6,597 m2
W1
M/6
November 15
1.15
TF023 Granville Road
Code
Specification
Quantity for tender
Grass Cutting:
1,853 m2
G3
Rough Grass (Track from gates to
Donnington Wood Way)
G4B
125,917 m2
One Side Only
1,376 lin m
Hedge Cutting:
H1
Weed Control:
W1
Hard Features
2,262 m2
to all areas excluding Let
Land and Woodland
12 Visits
183,046 m2
6 Visits
111,758 m2
1.16
TF024 Redhill Way
Code
Specification
Quantity for tender
Grass Cutting:
G4B
13,866 m2
Hedge Cutting:
H1
One Side Only
214 lin m
H2
One Side and Top
73 lin m
to all areas
16,296 m2
12 Visits
M/7
November 15
1.17
TF025 Sommerfield Road
Code
Specification
Quantity for tender
Cleanse & Inspect, Bimonthly to all areas
1.18
965 m2
6 Visits
TF027 Daisy Bank Drive
Code
Specification
Quantity for tender
Grass Cutting:
G4B
740 m2
Hard Features
711 m2
Weed Control:
W1
to all areas
8,424 m2
12 Visits
M/8
November 15
1.19
TF028 Keepers Crescent
Code
Specification
Quantity for tender
Grass Cutting:
503 m2
G2
Short Grass
G4B
10,116 m2
Hedge Cutting:
H4
Both Sides and Top
97 lin m
Pruning
226 m2
Hard Features
298 m2
Site Inspection, Play Area
Weekly – Routine Visual
Inspection
52 Visits
52 No.
Monthly – Operational
Inspection
12 Visits
12 No.
Annual – Main Inspection
1 Visits
Cleanse & Inspect, Weekly
to Play Area
52 Visits
517 m2
to all areas excluding Play
Area
12 Visits
11,432 m2
O1
Weed Control:
W1
1.20
1 No
TF029 Tuberville Close
Code
Specification
Quantity for tender
to all areas
2,469 m2
12 Visits
M/9
November 15
1.21
TF032 & TF033 Gatcombe Way
Code
Specification
Quantity for tender
Grass Cutting:
G2
Short Grass
2,164 m2
G4B
4,710 m2
Hedge Cutting:
H2
One Side and Top
86 lin m
H4
Both Sides and Top
92 lin m
O1
Pruning
387 m2
Weed Control:
W1
Hard Features
1,266 m2
12 Visits
8,984 m2
to all areas
M/10
November 15
1.22
TF034 & TF036 Glendale Gardens
Code
Specification
Quantity for tender
Grass Cutting:
Rough Grass
1,489 m2
H1
One Side
178 lin m
H2
One Side and Top
620 lin m
G3
Hedge Cutting:
Weed Control:
W1
Hard Features
705 m2
Land
1.23
2,193 m2
12 Visits
TF038 Marlborough Way
Code
Specification
Quantity for tender
Grass Cutting:
G3
995 m2
Rough Grass
to all areas
1,203 m2
12 Visits
M/11
November 15
1.24
TF039 & TF040 Colliers Way
Code
Specification
Quantity for tender
Grass Cutting:
G2
8,713 m2
Short Grass
O1
Pruning
1,299 m2
Hard Features
1,393 m2
Weed Control:
W1
Land
1.25
34,630 m2
12 Visits
TF041 Colliers Way
Code
Specification
Quantity for tender
Grass Cutting:
5,282 m2
G2
Short Grass
G4B
14,537 m2
12 Visits
34,630 m2
Land
M/12
November 15
1.26
TF043 Colliers Way
Code
Specification
Quantity for tender
Grass Cutting:
988 m2
G2
Short Grass
G4B
1,821 m2
Weed Control:
W1
Hard Features
768 m2
Land
1.27
3,883 m2
12 Visits
TF044 Caledonian Way
Code
Specification
Quantity for tender
Grass Cutting:
G4B
17,851 m2
Weed Control:
W1
Hard Features
412 m2
Land
37,218 m2
12 Visits
M/13
November 15
1.28
TF045 Hall Park Way
Code
Specification
Quantity for tender
Grass Cutting:
G4B
2,683 m2
to all areas
1.29
12,088 m2
12 Visits
TF046 Hall Park Way
Code
Specification
Quantity for tender
Grass Cutting:
2,692 m2
G2
Short Grass
G4B
490 m2
Hard Features
213 m2
Weed Control:
W1
O1
Pruning
213 m2
to all areas
26,602 m2
12 Visits
M/14
November 15
1.30
TF049 Rampart Way
Code
Specification
Quantity for tender
Grass Cutting:
G2
3,806 m2
Short Grass
Weed Control:
W1
Hard Features
200 m2
O1
Pruning
29 m2
Land
1.31
4,005 m2
12 Visits
TF052 Ironmasters Way
Code
Specification
Quantity for tender
Grass Cutting:
G2
5,091 m2
Short Grass
Weed Control:
W1
Hard Features
35 m2
Land
5,126 m2
12 Visits
M/15
November 15
1.32
TF053 Hollinsgate
Code
Specification
Quantity for tender
Grass Cutting:
G2
5,256 m2
Short Grass
O1
Pruning
897 m2
Hard Features
963 m2
Weed Control:
W1
to all areas
1.33
7,556 m2
12 Visits
TF054 Stafford Park 1
Code
Specification
Quantity for tender
Weed Control:
W1
Hard Features
257 m2
12 Visits
555 m2
to all areas
M/16
November 15
1.34
TF056 Stone Row
Code
Specification
Quantity for tender
Weed Control:
W1
Hard Features
21 m2
12 Visits
21m2
to all areas
1.35
TF061 Naird Lane
Code
Specification
Quantity for tender
Grass Cutting:
G2
Short Grass
4,310 m2
One Side
284 lin m
Hard Features
5,822 m2
Hedge Cutting:
H1
Weed Control:
W1
Land
12,193 m2
12 Visits
M/17
November 15
1.36
TF062 Naird Lane
Code
Specification
Quantity for tender
Grass Cutting:
G4B
910 m2
Weed Control:
W1
Hard Features
76 m2
Land
1.37
986 m2
12 Visits
TF063 Naird Lane
Code
Specification
Quantity for tender
Hedge Cutting:
H1
1.38
One Side
557 lin m
TF065 Naird Lane
Code
Specification
Quantity for tender
Hedge Cutting:
H2
1.39
One Side and Top
277 lin m
TF066 Halesfield 24
Code
Specification
Quantity for tender
Hedge Cutting:
H1
One Side
537 lin m
H2
One Side and Top
231 lin m
M/18
November 15
1.40
TF068 Halesfield 24
Code
Specification
Quantity for tender
Hedge Cutting:
H1
1.41
One Side
81 lin m
TF069 Halesfield 24
Code
Specification
Quantity for tender
Grass Cutting:
G4B
5,354 m2
12 Visits
6,825 m2
to all areas
1.42
TF070 Halesfield 24
Code
Specification
Quantity for tender
Grass Cutting:
G4B
3,900 m2
12 Visits
7,460 m2
to all areas
M/19
November 15
1.43
TF072 Majestic Way
Code
Specification
Quantity for tender
Grass Cutting:
G4B
682 m2
Hedge Cutting:
H2
One Side and Top
137 lin m
to all Grassland and
Waterbody
12 Visits
Cleanse & Inspect BiMonthly to Woodland
6 Visits
1.44
742 m2
5,828 m2
TF073 Lightmoor Road
Code
Specification
Quantity for tender
Grass Cutting:
G4B
10,642 m2
Hedge Cutting:
H1
One Side
195 lin m
Weed Control:
W1
Hard Features
157 m2
Woodland and Let Land
12 Visits
35,641 m2
6 Visits
21,166 m2
M/20
November 15
1.45
TF074, TF075 & TF076 Crackshall Lane
Code
Specification
Quantity for tender
Hedge Cutting:
H2
1.46
One Side and Top
4,332 lin m
TF077 Newcomen Way
Code
Specification
Quantity for tender
Grass Cutting:
G4B
1,890 m2
Weed Control:
W1
Hard Features
450 m2
Woodland and Let Land
1.47
3,587 m2
12 Visits
TF078 Ironbridge High Street
Code
Specification
Quantity for tender
Grass Cutting:
G2
Short Grass
16 m2
Hard Features
51 m2
12 Visits
67 m2
Weed Control:
W1
to all areas
M/21
November 15
1.48
TF079 Jockey Bank
Code
Specification
Quantity for tender
Grass Cutting:
G2
28 m2
Short Grass
Hedge Cutting:
H2
One Side and Top
15 lin m
to all areas
1.49
28 m2
12 Visits
TF081 Reynards Coppice
Code
Specification
Quantity for tender
Cleanse & Inspect, BiMonthly to all areas
1.50
3,904 m2
6 Visits
TF083 Halesfield 18
Code
Specification
Quantity for tender
Grass Cutting:
G4B
Long Grass – 2 Cuts Onlyl
19,045 m2
12 Visits
20,470 m2
to all areas
M/22
November 15
1.51
TF084 Redhill Way
Code
Specification
Quantity for tender
Grass Cutting:
Long Grass – 2 Cuts Onlyl
2,055 m2
Hard Features
1,091 m2
Woodland
12 Visits
8,289 m2
6 Visits
17,434 m2
G4B
Weed Control:
W1
M/23
November 15
2.0
KEY PERFORMANCE MONITORING
The Contractor should note that NL437 Telford Town Sites Term Landscape Maintenance &
Cleansing 2016 – 2019 is subject to the Appointment of Landscape Contractor, Clause 3, Key
Performance Monitoring and Instructions.
Audit Assessments will be undertaken as per the stated frequency following:
Audit Inspection Frequency Regime: Monthly
M/24
November 15
3.0
EXTRA DEFINITIONS
In this Maintenance Specification the following words and expressions shall have the following
meanings save where the context otherwise requires; refer also to Appointment of Landscape
Contractor document.
Banksman
A mechanical excavator and tractor driver’s helper who signals instructions to the driver or operator.
Haylage
Grass forage that is baled at a higher moisture content than hay and then stored in a sealed plastic
wrap. Once baled it will be removed off site.
Planned Works
The scope of works required within this Specification and priced upon within the Schedule of Works.
Use of work equipment
Includes: starting, stopping, programming, setting, transporting, repairing, modifying, maintaining,
servicing and cleaning as well as use of the work equipment as required for the proper completion of
the Contract (see also work equipment).
Weed free
The absence of live weed to the reasonable satisfaction of the SO for the duration of the Contract
(refer also to Weed and Woody Weed).
Weed
A plant, especially a wild plant, growing where it is not wanted.
Woody Weed
A weed, a perennial plant demonstrating secondary thickening, i.e. bramble, a root sucker or natural
regeneration of a broadleaved tree species.
M/25
November 15
Planned Works
4.0
MAINTENANCE SPECIFICATION AND CODING
4.1
CLEANSING
Objective: The Site is clean of all litter and other waste and objectionable material.
Refer to Contract Drawings:
M/26
November 15
G.5060.NL437.049 TF074, TF075 & TF076 Crackshall Lane, Rev0, 17.09.2015
Cleansing: General
4.1.1
Areas specified within the Contract shall be thoroughly cleansed at intervals instructed in the
Schedule of Works. These areas shall be specified within these Maintenance Specifications
and marked on the Contract Drawings and a schedule is to be provided by the Supplier stating
the cleansing routine for each site. The Supplier shall also report in retrospect to the Employer
following completion of the operations. All arisings from the cleansing operations shall be
removed from site and taken to tip, tip receipts will be provided as and when required by the
Employer.
4.1.2
As and when graffiti is located by the Supplier within the Contract area, the Supplier shall
inform the SO on the same day or as soon as it is reasonable to do so.
4.1.3
Cleansing shall not only refer to the general litter as stated in Appointment to Landscape
Contractor Definitions, but also debris, detritus, broken glass, building rubble, animal foulings,
leaf fall and timber. Cleansing will include working in and through planted areas removing all
items of litter as specified. All litter must be removed as seen. The Contractor shall take
advantage of the winter leaf fall period and use the opportunity to pick litter found within planted
areas that may have previously been overlooked.
4.1.4
Cleansing shall refer to the removal of all litter/dumped items and organic debris as specified.
As part of the Schedule no individual item shall be larger than that which can be placed in a
standard wheel barrow (0.25 m 3, or 6 ft3). When items larger than that specified are found within
the area the Contractor shall inform the SO so that removal can be arranged. Note; Large
quantities of litter and debris arising from traveller occupation is excluded.
4.1.5
As part of the cleansing regime provided by the Contractor to the compound and parkland
settings, and prior to the starting date of each contract year, the Contractor shall provide an
annual schedule of proposed cleansing operations. This schedule will be submitted in
consultation with the SO to indicate on a weekly basis which sections of the contract will be
cleansed on specific weeks.
4.1.6
In the period November to December and as directed by the SO, all hard surfaces (including
building surroundings) shall be swept clean of leaf, soil and other organic materials. Where the
arisings are generally found in small amounts they shall be lightly scattered across
grass/planted areas adjacent to the hard surface. Where the organic arisings are in large
amounts or in the opinion of the SO visually obtrusive to the area, they shall be taken off site to
tip at the Contractors own expense.
4.1.7
Any suitable brushwood or arisings from tree or shrub pruning may be chipped by the use of a
suitable chipping machine and spread within the site boundary.
4.1.8
The burning of any litter/ debris is not permitted.
Cleansing: fly tipping
4.1.9
Where other waste, defined for this Contract as fly-tipped waste, i.e. individual items or a mass
of objects that cannot be placed in a standard wheel barrow (0.25 m3, or 6 ft 3) or Hazardous
M/27
November 15
Waste (as defined by the Hazardous Waste Regulations 2005), is found by the Contractor, the
SO shall be notified.
4.1.10 Where instructed by the SO the Contractor shall remove the fly-tipped or Hazardous Waste
within 48 hours to an appropriately licensed facility. A quote will be sought for these works.
Separate records of disposal of all fly tipped wastes shall be made available to the SO. The
disposal of the material will be paid for separately, by volume, on receipt of the tip invoice. If
skips are requested for removal of fly tipping they shall not remain in the vicinity of the site for
more than twenty-four hours. All fly tipped material is to be placed in the skips as soon as
possible after its arrival on site. Any further skips required as a result of premature filling of the
skip by other parties shall be provided at the Contractor's expense.
4.1.11 If hypodermic needles and any drug paraphernalia are found on site, notification should be
given to the SO within 2 hours. With respect to the disposal of used hypodermic needles the
Contractor shall make himself aware of the location of appropriately licensed disposal facilities.
Under the Environmental Protection Act 1990 Local Authorities are obliged to provide clinical
waste disposal facilities and may charge for this service, but are not obliged to collect waste of
this nature. The litter should be removed appropriately and stored in a sharps container bin
and taken for disposal to a correct legitimate facility. Appropriate care and risk assessment
should be in place and undertaken when clearing up hypodermic needles and drug
paraphernalia. It is a legal requirement to be a registered waste carrier and maintain this
throughout the duration of the contract period. The Contractor shall ensure that at all times that
this is carried out in a manner that does not endanger the health and safety of members of the
public or employees.
Cleansing Type: All Grass, Standard Vegetated Areas, Highway Sections and Hard
Standing Areas (Including Footpaths)
4.1.12 Scavenging and cleansing to grass is included on the total area, but during the grass cutting
season scavenging of grass areas is also to be carried out by the Contractor immediately prior
to mowing.
4.1.13 The Contractor shall clear all animal fouling from grass areas.
4.1.14 Litter and debris lodged in hedges, fences, shrub beds and trees shall be removed as part of
the cleansing operation.
4.1.15 All hard standing areas shall be swept to remove general litter, animal droppings and other
organic materials and inorganic materials.
4.1.16 The lengths of leisure routes within the Contract Area shall be thoroughly cleansed of all litter,
both general and organic materials and debris.
4.1.17 During autumn leaf fall and as directed by the SO, the Contractor shall sweep and clear the
surface of leisure routes of all organic matter including leaf debris. The arisings can be
scattered into adjacent plantings or grassland away from the leisure route edges.
4.1.18 For Frequency of Cleansing Operations please refer to associated Contract Drawings and
Schedule of Works provided for each tender action.
Cleansing Type: Water Bodies
4.1.19 Ponds, streams and ditches shall be cleansed at the frequency indicated for adjacent areas.
All floating debris and any visible submerged debris shall be cleansed at each visit.
4.1.20 Cleansing of water bodies shall only include materials which can be reached safely from the
bank with use of hand tools.
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November 15
Cleansing Type: Woodland Sections, inc: Young Plantations
4.1.22 Cleansing shall refer to the removal from Site of all general litter and dumped items as per 4.1
Cleansing: General. Cleansing shall include working in and through plantation areas removing
all items of litter as specified. All litter seen must be removed.
4.1.23 The Contractor shall take advantage of leaf fall period to pick litter found deep within young and
mature woodland areas and any planted areas that may have previously been overlooked.
Bins
4.1.25 The Contractor shall empty the bins completely and replace the bag inside, on a weekly basis.
4.1.26 Any litter surrounding the bin shall also be removed on sight, and any regular cases of the bins
overflowing reported to the SO.
4.1.27 All litter is to be removed from site and disposed of by the Contractor.
4.1.28 The Contractor will report any damaged or missing bins to the SO immediately.
Cleansing Frequency
C1
C2
C3
C4
C5
C6
C7
C8
C9
Daily Cleanse
Weekly Cleanse – to Play Area
Fortnightly Cleanse
Monthly Cleanse
8 Weekly Cleanse
Quarterly Cleanse
6 Monthly Cleanse
Annual Cleanse
Litter Bins
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November 15
4.2
WEED CONTROL
Objective: To maintain a weed free environment.
Weed Control: General
4.2.1
The Contractor shall ensure that pesticide and marker dye application, storage, handling and
transport comply with all relevant legislation, statutory instruments and Codes of Practice.
4.2.2
All pesticides and marker dyes used shall appear on the current Pesticides Safety Directorate
database (PSD) or Health and Safety Executives (HSE) Approved Lists for the use required
and shall be non-toxic to human beings, birds and animals under normal use and
circumstances.
4.2.3
It is recommended that advice should be sought from a BASIS approved person for the
correct pesticide to use and written confirmation of this recommendation must be provided to
the SO before use.
4.2.4
Pesticide and marker dye will not be left unattended unless placed in a secure, fixed,
appropriately labelled, purpose built container or vault.
4.2.5
The Contractor shall not draw water from any water course or water surface for any weed
control operations. Nor shall the Contractor before, during or after pesticide application pollute
public drains, drains, water courses, other sources of water supply or water surfaces with
pesticide concentrate, diluted pesticides or with marker dye.
4.2.6
The pesticide to be used, method of application, type and size of spray nozzle, knapsack
pressure, droplet size and dilution shall (when appropriate) be agreed with the SO before
application commences, and be in accordance with manufacturer's recommendations in order
to achieve the intended result.
4.2.7
It is envisaged that the principal pesticides to be used under the Contract shall be glyphosate
and triclopyr. The SO may agree the use of other pesticides with the Contractor before
application commences.
4.2.8
In accordance with the Control of Pesticides Regulations 1986 all operators working with
pesticides shall hold Certificates of Competence appropriate to the type of operation in
progress or shall work under the direct and personal supervision of a holder of such a
Certificate at all times. Not more than two non-certificated operatives shall work under the
responsibility of a Certificate holder.
4.2.9
The Contractor is required to provide the SO with photocopies of the Certificates of
Competence for any employee who will be applying pesticides and chemicals within the site
contained in the Contract.
4.2.10
All persons employed in the handling and use of pesticides shall use the technical and
engineering controls and wear the personal protective equipment (PPE) identified in the
assessment carried out under the COSHH Regulations 1988 and as detailed in the approved
Code of Practice for Using Plant Protection Products (DEFRA 2006).
4.2.11
All persons including the Contractor are required to keep records of all pesticide applications
and retain these records for at least three years. Refer to the approved Code of Practice for
Using Plant Protection Products. The Contractor is to provide the SO with a signed copy of
his pesticide record sheets at the same time as the application for payment. Example of a
Pesticide Use Record Sheet can be seen at Appendix B.
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November 15
4.2.12
The Contractor shall supply approved signs stating "Herbicide Application in Progress".
Sufficient signs will be erected by the Contractor before work commences to ensure that, as
far as is reasonably practicable, members of the public are made aware that pesticide
application is being, or is about to be, undertaken. All such signs shall remain in position
throughout the operation and shall be removed as soon as practicable after the works are
completed.
4.2.13
When contact and systemically translocated pesticide applications are performed in soft
landscapes a marker dye shall be used in sufficient quantity to enable the SO to see where
spray has been applied. The Contractor must ensure that hard surfaces such as footpaths
and kerbs are not contaminated with dye. No marker dye is to be used in pesticide
applications to hard landscapes or hard surfaces or when applying a residual
herbicide. The Contractor shall supply dye and ensure that such dye is compatible with the
pesticide in use.
4.2.14
If in the SO's opinion weed growth before any proposed application of pesticide is so tall as to
create a difficulty for the Contractor in avoiding spraying shrubs and/or trees the Contractor
shall use appropriate mechanical or manual means to weed the site sufficiently to allow safe
pesticide application.
4.2.15
When undertaking boundary weed control to planted beds the Contractor SHALL ONLY apply
pesticide to control weed or grass growth to a strip a maximum of 300mm in width from the
edge line of stems in the planting bed. If in the SO's opinion the Contractor's pesticide
application exceeds the stated dimension of 300mm outside the edge line of stems the SO
shall require the Contractor to re-seed damaged grass in accordance with the SO’s
requirements.
4.2.16
Where the planted area consists of ground cover forming a boundary with grassland an
herbicide strip SHALL NOT BE PERMITTED around the edge of the planted area. The
boundary between the grass and the ground cover shall be pruned in accordance with the
pruning requirements.
4.2.17
THE CONTRACTOR SHALL NOT apply pesticide to control weed or grass growth at
either the base of mature trees or under agricultural hedgerows. The Contractor shall
use appropriate mechanical or manual means to affect weed or grass control in such
locations.
4.2.18
If present, climbing weeds shall be pulled carefully out of ground cover shrubs, other shrubs
and trees and then be taken off site to tip.
4.2.19
During pesticide application the Contractor shall ensure that:
i)
ii)
iii)
iv)
v)
vi)
vii)
all spray equipment is efficient, well maintained and free from leaks;
no damage is done to shrubs, trees, bulbs or other planted material or grass
surfaces whether owned by the Employer, residents or other parties;
damage to species with green or otherwise sensitive bark is avoided;
the weather conditions are suitable throughout the area and for the duration of
the operation;
placement of pesticides is accurate avoiding drift, and
the edges of sprayed areas are neat and accurate and do not extend into grass
areas.
4.2.20
If in the SO's opinion the dead vegetation after pesticide application constitutes a fire hazard
or is unsightly he may require the Contractor to cut the dead vegetation by suitable means
and to take it off site to tip as directed.
4.2.21
Any areas of weed surviving due to being missed during spraying, or inclement weather shall
be re-treated by the Contractor at his own expense.
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November 15
4.2.22
All bottles, tins, bags, wrappers or other form of container which have contained chemicals,
shall when empty, be disposed of in a safe and proper manner at an approved location.
4.2.23
Any plants or grass areas damaged during spraying operations shall be made good as
directed by the SO to his entire satisfaction at the Contractor's expense.
4.2.24
The manufacturer’s instructions shall be strictly abided by and the correct fallow period
allowed prior to new seeding or planting.
4.2.25
The application of granular pesticide shall be made manually or by means of an approved
spreader and lightly forked into the topsoil or as per the manufacturers recommendations.
4.2.26
The SO should be notified immediately if the Contractor finds either Giant Hogweed
(Heracleum mantegazzianum.), Himalayan Balsam (Impatiens glandulifera) or Japanese
Knotweed (Fallopia japonica) within the contract area. Eradication methodologies for each of
these plants must be approved by the SO in order to eradicate both weeds completely from
the site.
Weed Control - Specifications
4.2.27
For the purpose of the Contract "weed free" means the absence of live weed throughout the
identified section for the duration of the Contract to the reasonable satisfaction of the SO.
4.2.28
The Contractor shall treat weed growth BY THE MOST APPROPRIATE MEANS (generally
chemically, mechanically or by hand AS MANY TIMES AS NECESSARY in the section
identified on the Contract Drawings to meet the specific required landscape maintenance
specifications within this Documentation.
W1: Weed Control in Shrub Beds, Footpaths, Bridleways, Car Parks, Hardstanding and
Hard Features;
4.2.29
In order to give a neat appearance to the above areas included within the Contract Area and
identified on the Contract Drawings or to control weed which has grown through the above
areas the Contractor shall treat weed growth BY THE MOST APPROPRIATE MEANS
(chemically, mechanically or by hand) AS MANY TIMES AS NECESSARY in order to keep
the areas WEED FREE. THE CONTRACTOR SHALL NOT apply pesticide to control weed or
grass growth in or next to water courses beneath or adjacent to footbridges. The Contractor
shall use appropriate mechanical or manual means to affect weed or grass control in such
locations.
4.2.30
In order to give a neat appearance around individual hard features in grass section included
within the Contract Area, e.g. bollards, fences, gateways, highway signs, lamp columns,
service installation markers, man-hole covers and walls. The Contractor may use pesticides
to maintain a weed free strip or spot around those features up to but not exceeding 200mm in
width, or 400mm in diameter. Where street furniture is sited in grass the Contractor will not
use pesticides. In such locations the Contractor shall cut the grass or weed to the required
specification using the appropriate work equipment. All arisings will be taken off site to tip at
the contractors own expense.
4.2.31
The Contractor SHALL USE PESTICIDES TO MAINTAIN THE SURFACE OF THE HARD
STANDING upon which street furniture such as benches, picnic sets and seats; is sited as
weed free. The Contractor SHALL NOT USE PESTICIDES AROUND THE EDGE OF THE
HARD STANDING. In such locations the Contractor shall cut the grass or weed to the
required specification using the appropriate work equipment.
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November 15
W2: Weed Control at Hard Features
4.2.29 The Contractor should also note that at no time should any strimmers or like machinery be used
to control the weed at the base of all street trees. Any damage and subsequent poor
health/death to the tree(s) will require the Contractor to replace the tree at his own expense.
4.2.30 In order to give a neat appearance around individual hard features in grass section included
within the Contract Area, e.g. bollards, fences, gateways, highway signs, lamp columns, service
installation markers, man-hole covers and walls. The Contractor may use pesticides to
maintain a weed free strip or spot around those features up to but not exceeding 200mm in
width, or 400mm in diameter. Where street furniture is sited in grass the Contractor will not use
pesticides. In such locations the Contractor shall cut the grass or weed to the required
specification using the appropriate work equipment. All arisings will be taken off site to tip at the
contractors own expense.
4.2.31 The Contractor SHALL USE PESTICIDES TO MAINTAIN THE SURFACE OF THE HARD
STANDING upon which street furniture such as benches, picnic sets and seats; is sited as
weed free. The Contractor SHALL NOT USE PESTICIDES AROUND THE EDGE OF THE
HARD STANDING. In such locations the Contractor shall cut the grass or weed to the required
specification using the appropriate work equipment.
W3: Weed control in herbaceous/annual beds and borders
4.2.32 THE CONTRACTOR SHALL NOT apply pesticide to control weed or grass growth within
herbaceous or annual borders or beds. Within the herbaceous planting beds identified in the
Contract Documents the Contractor shall usually treat weed growth BY HOEING OR HAND
WEEDING as many times as necessary to ensure that the control meets the SO’s satisfaction.
W4: Weed control to trees in grass/hard standing
4.2.33 A 1m diameter weed free circle is to be kept around individual trees in grass/hard standing.
THE CONTRACTOR SHALL NOT apply pesticide to control weed and grass growth within the
1m diameter circle. The trees identified in these Maintenance Specifications and Contract
Drawings shall be HAND WEEDED as many times as necessary to ensure that the control
meets with the SO’s satisfaction.
W5: Weed Control in Rivers and Ditches
4.2.34 Rivers and ditches are to be managed as weed free in order to maintain their aesthetic
appearance and performance capabilities.
4.2.35 The Contractor shall cut the grass, herbaceous matter and natural woody regeneration along
the edge and across the surface of the ditch to a height of between 100mm and 200mm. All
arisings are to be removed and stacked on the side of the ditch course for 48 hours to drain
and allow wildlife to return to the water. Vegetation should then be removed from Site and
disposed of at an approved location; the Contractor will then remove any fallen leaves and
debris from the bottom of the ditch, all arisings to be taken off site to tip at the Contractor’s own
expense.
4.2.36 The use of pesticides is PROHIBITED unless permission is sought, through the SO, of the
Environment Agency (EA) and SO receives written approval of that permission. The Contractor
shall use appropriate mechanical or manual means to affect weed or grass control in such
locations.
W6: Localised, Species Specific Woody Weed Control
4.2.37 All species illustrated on the Contract Drawings (e.g. bramble, elderberry etc.) shall be cut once
a year between October and early January and the arisings removed off site. The cut stems or
M/33
November 15
stumps shall be treated with appropriate herbicide to prevent regrowth. In the case of bramble
thickets, with the agreement of the SO, the bramble may be treated with herbicide prior to
cutting and the material cut once die back has occurred.
4.2.38 All species illustrated on the Contract Drawings shall be treated as many times as necessary
between October and January to prevent further encroachment of the woody weed onto the
adjacent feature or features. The arisings moved off site. The cut stems or stumps shall be
treated with appropriate herbicide to prevent regrowth. The treated area will be managed with
continual treatment.
W7: Broadleaved Weed Control
4.2.39 When specified in the Contract Documents all areas of grassland cut as Fine/Short/Rough
Grass shall be treated with selective herbicide at least twice per annum, generally in both
spring and autumn, to control broadleaved weed to the reasonable satisfaction of the SO.
W8: Dock Control
4.2.40 If specified on the Contract Drawings, the Contractor shall control docks by performing localised
targeted selective herbicide application at least twice per annum, spring and autumn, to control
docks to the reasonable satisfaction of the SO.
W9: Ragwort Control in Long Grass Areas
4.2.41 Ragwort is an injurious weed and consequently all operatives involved in handling the plant
must have received the appropriate instruction for the task and must be supplied with the
appropriate type of personal protective equipment.
4.2.42 Prior to long grass cutting in September, or upon direction of the SO, the Contractor will remove
all ragwort in late June/July from the sward by digging with a ragwort fork and remove the
arisings from site to tip.
4.2.43 Upon direction of the SO, the Contractor will spray the ragwort using spot treatment with a
knapsack sprayer in late June/July and remove the arisings from site to tip. To avoid chemical drift
when hand spraying, a guard must be fixed to the sprayer, low drift nozzles should be used and
spraying should only be undertaken in suitable weather conditions.
4.2.44 If the ragwort has not been removed to the satisfaction of the SO whether by digging or spraying,
the Contractor will be required to continue operations until the designated areas are clear of
Ragwort.
W10: Weed Control Autumn Cleanse
4.2.45 The Contractor shall cut once per year in October, generally using hand tools and leaving the
arisings on site, weed inclusive of woody weed. The maximum length of the weed after cutting
shall be 300mm and the minimum length shall be 200mm. The use of strimmers and clearing saws
to complete this operation must have the prior approval of the SO.
W11: Grass Edge Treatment
4.2.46 The uncut grass, weed, woody weed and sucker growth around the complete perimeter of the area
extending to a distance up to 2.0m outside the edge line of stems, or to the point where the grass
is regularly cut and 2.0m inside the perimeter of the area. The material shall be cut by the most
appropriate means once during the month of July and once during the month of October, and the
arisings left on site. The maximum length after cutting shall be 100mm, whilst the minimum should
not be less than 50mm.
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November 15
Weed Control Audit
4.2.49 The Contractor should note that weed control is a Key Performance Indicator within the Monthly
Audit System used by the SO. It is therefore a requirement that the Contractor ensure that the
weed control is maintained to a high standard as set out in these Maintenance Specifications
and in the Appointment of Landscape Contractor.
Treatment Codes: Weed Control
W1
W2
W3
W4
W5
W6
W7
W8
W9
W10
W11
Weed control in shrub beds, grass areas, footpaths and bridleways,
car parks, hardstanding and hard features
Weed control at hard features
Weed control in herbaceous/annual beds and borders
Weed control to trees in grass/hard standing
Weed Control in Rivers and Ditches
Localised, species specific woody weed control
Broadleaved weed control
Dock Control
Ragwort Control
Weed Control Autumn Cleanse
Grass Edge Treatment
M/35
November 15
4.3
GRASS CUTTING
Objective: To maintain areas of grass at the required height, refer also to Contract Drawings.
Grass Cutting: General
4.3.1
The Contractor shall cut grass, with appropriate machinery, AS MANY TIMES AS
NECESSARY, to meet the quality standards set out in Grass Cutting Specifications. The
Contractor should note that certain areas may need to be cut more frequently than others
sharing the same specification to achieve and maintain the same objective.
4.3.2
All loose stones or other harmful material from whatever source which may damage grass
cutting plant or create a possible hazard to persons or property shall be removed off site.
4.3.3
All litter from grass cutting areas shall be removed off Site to an approved tip prior to grass
cutting. The Contractor will not cut up or cut through litter.
4.3.4
All grass cutting operations adjacent to road or on central reservations shall only take place
once traffic management has been agreed with the SO. As a minimum, warning signs shall be
erected in all instances, refer also to Appointment of Landscape Contractor, 5.7 Traffic
Safety and Control.
4.3.5
The Contractor shall cut grass neatly around all new or existing signs, bollards, structures,
street/park furniture, artwork, walls, fences and the like during each operation to ensure that
the height of the grass along the boundary or around the feature; does not exceed the height of
the grass in the rest of the grass cutting area. Where the grass cutting area is bound by a solid
wall or fence the contractor may use a herbicide to maintain a weed free strip against the wall or
fence. The strip shall not exceed 200mm in width.
4.3.6
Grass around established trees in grass shall not exceed the height of the grass in the rest of
the grass cutting area. This shall be maintained by using appropriate equipment, ensuring that
no damage occurs to the tree, especially its bark and roots.
4.3.7
Grass cutting shall be neat and to a consistent height over the whole cutting area with
neither tufting where the grass has not been cut evenly or scalping where the grass has been
cut too short. Individual stems shall not be left standing proud of the general sward after the
grass cutting equipment has completed its pass.
4.3.8
The Contractor shall note and take special care when carrying out operations adjacent to
glazed areas of buildings, in order to avoid damage to doors, windows etc., from flying stones
or other debris. Any damage to existing buildings or structures; shall be made good at the
Contractor’s expense to the satisfaction of the SO.
4.3.9
The Contractor shall not allow grass cuttings from his work to lay on drives, horse riding
trails, paths, roads and the like: cuttings which fall on such places shall be swept up and
scattered on adjoining grass in the grass cutting area. All service covers within the sward
must be kept clear of any build-up of arisings and must be specifically checked and cleared as
necessary at the end of the mowing season.
4.3.10
If the Contractor, with no delay or hindrance due to adverse weather conditions, or specified
instruction from the SO, has allowed the grass in any cutting area to grow longer before cutting
than the requirements of the specifications as defined below, and the SO considers that the
arisings from such a delayed cutting may cause a hazard or are unsightly, then the SO may
require the contractor to rake up and remove all such arisings and take them off site to tip.
4.3.11
Grass cutting equipment shall be of a type capable of producing a standard of finish
commensurate with the SO’s instructions. Cylinder mowers are to be preferred on cutting fine
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November 15
and short grass, but in areas where this is not possible other appropriate machinery should be
used.
4.3.12
Cutters and blades shall be sharpened and set according to the manufacturers'
recommendations to ensure a consistent cleanly mown sward and the height of cut determined
as the height above ground level to the cutting blade measured with the machine standing on a
hard level surface.
4.3.13
All guards shall be in place and in good condition and all safety devices shall be operational and
of a type originally fitted on manufacture.
4.3.14
All machines shall have an effective silencer of the type originally fitted on manufacture.
4.3.15
All tractor drawn mowers, ride on mowers and other related machinery should only be used at
safe and appropriate speeds and operated safely to avoid any collisions with persons, property
or obstacles at all times.
Grass Specification Types:
G1: Fine Grass
4.3.16
The grass shall not be allowed to grow longer than 50mm.
a) Arisings from the first cut each year shall be boxed and removed. Grass clippings from
subsequent cuts may be finely chopped and dispersed evenly over the grassed areas, and
left in situ unless instructed otherwise;
b) Edges of grass areas adjacent to buildings and footways shall be cut with a half-moon
edging tool in October and March. The operation shall be done with the aid of a pegged
line where the edge does not benefit from an adjacent hard edge;
c) Where instructed a broad leaf selective herbicide and / or moss killer shall be applied;
d) Where instructed the areas treated shall be over sown with a suitable grass seed mix at a
specified coverage; and
e) Any bare or failing areas, ruts, or ridges shall be levelled off, topped up as necessary with
topsoil, and cultivated and re-seeded to the Specification. This excludes areas damaged
by third parties.
G2: Short Grass
4.3.17
The grass shall not be allowed to grow longer than 100mm. the maximum length after cutting
shall be 50mm.
a) Arisings shall be left in situ unless instructed otherwise; and
b) Any significant ruts, ridges, or bare areas shall be levelled off, cultivated and reseeded in
accordance with the Maintenance Specification. This excludes areas damaged by third
parties.
G3: Rough Grass
4.3.18
The grass shall be allowed to grow to a maximum of 200mm. The height of grass shall not
exceed 100mm after cutting.
a) Arisings shall be left in situ unless instructed otherwise; and
b) Any significant ruts, ridges, or bare areas shall be levelled off, cultivated and reseeded in
accordance with the Maintenance Specification. This excludes areas damaged by third
parties.
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November 15
G4: Long Grass
Type A
4.3.19
The grass shall be allowed to grow to the length appropriate to the species present on the site.
The grass areas shall be cut only once each year, usually in late September or early October,
as directed by the SO. The height of grass/cover shall not exceed 100mm after cutting.
Type A1 – Woodland Edge
4.3.20
This grass shall be allowed to grow to the length appropriate to the species present on site. The
grass areas shall be cut only once a year, usually in late September or early October, as
directed by the SO. The grass area shall vary between 2.0m and 4.0m to form a scalloped grass
fringe on the woodland edge of the grasslands. This will be done in order to create a gradual
and irregular woodland edge where the woodland borders grassland habitats.
Type B
4.3.21
The grass shall be allowed to grow to the length appropriate to the species present on the site.
The grass areas shall be cut only twice each year, usually in April and September as directed by
the SO. The height of grass/cover shall not exceed 100mm after cutting.
Type C
4.3.22
The grass shall be allowed to grow to the length appropriate to the species present on site. The
grass areas shall be cut only when specified on the contract drawing, in all other years the grass
shall not be cut. Such a regime will act to maintain and improve current status of grassland
types for both plant communities and associated wildlife species.
Type D
4.3.23
Due to potential ecological issues, the grass shall be cut at times directed by the SO, usually
May/June and late September and shall not be cut below 150mm unless instructed by the SO.
1 weeks notification shall be given to the SO prior to commencing operations to ensure timing
in the year is suitable for operations to proceed.
G5: Haylage
4.3.24
Prior to cutting hay from the site, and at the appropriate time (generally late June/July), or upon
direction by the SO, the Contractor will remove all ragwort from the sward by hand pulling or
digging and remove the arisings from site to tip.
4.3.25
The grass shall be cut to the Rough Grass specification until the end of the first week in April,
then grass will be left to grow, usually until the end of July or as otherwise specified in the
Contract Documents.
4.3.26
Once the hay has been removed, the grass shall then be cut to meet the Rough Grass
specification for the remainder of the season.
G6: Wildflower and Nature Conservation Areas
4.3.27
Areas of wildflowers shall be cut to a height of between 50 and 60mm after the seeding of
desirable species, usually in late summer/early autumn. The desirable species in each area will
be notified to the Contractor prior to the cutting season. Within the wildflower areas and Areas of
Nature Conservation value the cutting shall include areas of bramble, tree and shrub seedlings
of less than 200mm diameter, unless otherwise instructed by the SO.
4.3.28
Unless instructed otherwise by the SO, arisings shall be raked off and removed off Site, by such
means that avoids pulling, tearing or causing other damage to the soil surface and retained
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November 15
vegetation. The removal of arisings shall be completed within 14 days of cutting unless
otherwise instructed, or agreed by the SO.
4.3.29
The Contractor may be instructed to cut previously unmanaged areas of wildflower grassland
and should include for this initial cut within his rates.
G7: Bulbs in Grass
4.3.30
Where the grass cutting area contains spring bulbs the required maintenance specification shall
be postponed by the SO until the SO requires cutting to commence – usually at least six weeks
after flowering.
4.3.31
The area to which this applies shall only be the part of the cutting area where bulbs are present
together with a margin of 300mm around the bulb areas.
4.3.32
The arisings from cutting the bulbs shall be collected up and taken off site by the Contractor.
Grass Cutting Audit
4.3.33
The Contractor should note that grass cutting is a key performance indicator within the Monthly
Audit System used by the SO. It is therefore a requirement that the Contractor ensure that the
grass cutting regimes are maintained to a high standard as set out in these Maintenance
Specifications and Appointment of Landscape Contractor.
Treatment Codes: Grass Cutting
G1
G2
G3
G4 Type A
G4 Type A1
G4 Type B
G4 Type C
G4 Type D
G5
G6
G7
Fine Grass
Short Grass
Rough Grass
Long Grass – 1 cut
Woodland Edge
Long Grass – 2 cuts
Long Grass – 1 intermittent cut (year specified)
Long Grass – Ecological Bias
Haylage
Wildflower & Nature Conservation areas
Bulbs in Grass
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November 15
4.4
SITE INSPECTIONS AND REPORTING
Objective: To keep the SO informed about activities, conditions and waterbodies on the site. As
the Contractor carries out operations should any: vandalism, damage to signs, furniture and
fittings, areas of heavy litter (including contractual required litter), missing utility covers, extreme
anti-social behaviour and the like be encountered, he will report the problem to the SO. Reporting
for minor incidents or problems will be appropriate as per specification frequency but those of a
serious, potentially serious, hazardous or potentially hazardous nature should be reported on the
same day as encountered.
4.4.1
A high standard of site management is required, and close cooperation between the Contractor’s
site staff and the SO is essential to the operation of the Contract. The Contractor shall take a proactive role in managing the site, and this will take the form of a programme of inspections in
accordance with the contract specification. Reports shall be provided to the SO no later than seven
calendar days following the date of inspection. An example of the format of the Site Inspection
Report is shown in the Appendix H.
4.4.2
Site Inspections shall be carried out by the Contractor’s Foreman or Contract Manager who shall
be approved by the SO.
4.4.3
The Contractor shall produce a report that includes every site indicated as requiring inspection
within the Contract area as evidence that he has inspected the sites in the detailed manner below.
The sites are as indicated and numbered on plans and schedules.
4.4.4
Superficial inspection from a distance is not acceptable and the contract area requires coverage by
walking. The inspection shall be carried out independently of any routine maintenance works,
which may be in progress. The Contractor shall price the site inspection allowing sufficient time for
a Foreman or Contract Manager to inspect all the sites including waterbodies and ditches in detail.
4.4.5
Site Inspection Reports shall indicate the following as a minimum:
 All matters relating to the operation of the Contract as described in the various sections of the
Specification and recommendations for necessary works not already included within
maintenance schedule.
 Incidences of vandalism fly tipping, storm damage, disease or other site disturbances,
indicating details of quantities, areas extent of works and costs, which are necessary to rectify
the problem.
 Trespass, disturbance, damage, interference by other contractors or third parties, together with
details of damage and schedule of reinstatement works. Verification of site security,
boundaries, locks on gates, traveller defence bunds etc.
 Identification of any unsafe features which may pose a risk to Health and Safety of the public or
the Contractor. The Contractor shall immediately undertake any protective or prevention
measures as are appropriate and recommend permanent rectifying proposals.
 Advance notice of recommended adjustments to Frequency Schedule, whether changes to
timing, nature of works, or quantities of operations in Contractor’s programme. The contractor
shall take account of the seasonal and weather conditions affecting the site in order to make
recommendations on adjustments to Frequency schedule.
 Recommendations in order to achieve good horticultural, arboricultural and silvicultural practice.
 That all watercourses on site remain in a 'Good' condition and there is no changes in water
feature from previous inspection including but not exclusively limited to, blockage of drainage
channels, fly-tipping, cracking to channels or other features, bank collapse, damage to warning
signage, removal or damage to any life saving equipment (where applicable) etc.
Play Area Inspection Weekly, Monthly & Annual Play Area Inspection and Reporting
4.4.6
The Play Area shall receive weekly, quarterly and annual play area inspections and reporting by a
suitably qualified RPII Registered Inspector; checking the structural integrity, surface finishes,
safety surfacing and foundations of all equipment.
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November 15
4.4.7
The Contractor shall inspect the structural integrity, especially bending, cracking and loosening of
all play equipment located within the site. In addition surface finishes shall be inspected for
damage to coatings and general deterioration resulting from use and or vandalism.
4.4.8
The Contractor shall be responsible for carrying out any remedial works to make safe dangerous
items immediately e.g. removal of the play item or fencing off of the area. The Contractor should
contact the Supervising Officer immediately to report dangerous items and notify them of remedial
actions undertaken.
4.4.9
The Supervising Officer may instruct the Contractor to undertake routine maintenance or
emergency works to the Play Area. All maintenance will be in accordance with BS EN 1176 (Play
Equipment) and BS EN 1177 (Safety Surfacing). The Contractor must obtain manufacturers
recommendations for maintenance as these highlight specific details on the equipment requiring
inspection.
4.4.10 All works to play areas must be co-ordinated to cause as little disruption to users as possible. Due
care and consideration must be taken if children are present at the time of inspection and cleanse.
4.4.11 The 3 levels of inspection required at site as follows;
Weekly Routine Visual Inspection

Staff who carry out the Routine Visual Inspections are required to have undertaken the
relevant training and passed the corresponding examination and be registered with Register
of Play Inspectors International (RPII) as an Outdoor Play Routine Inspector.

Weekly inspections shall be undertaken to enable the identification of obvious hazards that
can result from vandalism, use or weather conditions. Hazards may include broken parts,
broken bottles, exposed foundations, sharp edges, missing parts, soiled equipment or safety
surfaces, dog fouling, damaged safety surfaces, excessive wear of equipment and changes in
equipment clearance. The Contractor should also ensure that all gates are operating correctly
where applicable.

Any damage shall be reported to the Supervising Officer immediately and, if the damage is of
a significant risk to the general public, the play area and/or affected part should be closed or
fenced off until repairs have been carried out and the equipment or surfaces are safe to use
again. If necessary warning signs shall be posted and the gates locked (where applicable).

A Routine Play Inspection Report shall be submitted to the Supervising Officer on Monday
morning by 11.00 am. The Contractor should contact the Supervising Officer immediately to
report dangerous items. Photographic evidence should be provided of any acts of vandalism
or damage to play equipment and surfaces. A template for the Routine Play Inspection
Report will be provided by the Contractor for approval by the Supervising Officer on award of
the Contract.
Monthly Operational Inspection

Staff who carry out the Monthly Operational Inspections are required to have undertaken the
relevant training and passed the corresponding examination and be registered with Register
of Play Inspectors International (RPII) as an Outdoor Play Operational Inspector.

Monthly inspections shall be undertaken to identify issues with the operation and stability of
the equipment arising from wear and/or vandalism, paying special attention to ‘sealed for life’
parts. An Operational Play Inspection Report which is to include full photographic record
should be submitted (via email, fax or post) to the Supervising Officer within 7 days of
completion of the inspection.
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November 15
Annual Main Inspection

Staff who carry out the Annual Main Inspections are required to have undertaken the relevant
training and passed the corresponding examination and be registered with Register of Play
Inspectors International (RPII) as an Outdoor Play Annual Inspector.

An Annual ROSPA Inspection shall be carried out to establish, at intervals not exceeding 12
months, the overall safety level of equipment, foundations and surfaces e.g. compliance with
the relevant part(s) of BS EN 1176. Including any changes made as a result of rotting or
corrosion, and any change in the level of safety of the equipment as a result of repairs made,
or of added or replaced components. Special attention should be given to ‘sealed for life’
parts. A statement from the Inspector confirming the safety of the play equipment shall be
submitted to the Contractor within 14 days of completion of the inspection.
4.4.12 A photographic survey of the play area will be undertaken on commencement of the Contract. In
addition photographic evidence must be sent to the Supervising Officer of any acts of vandalism or
damage within 24 hours along with the corresponding inspection report. The Contractor shall
advise the Contract Manager immediately if any emergency repairs or temporary fencing is
required.
Site Inspection and Reporting Audit
4.4.6
The Contractor should note that site inspection and reporting is a key performance indicator within
the Monthly Audit System used by the SO. It is therefore a requirement that the Contractor ensure
that the site inspection and reporting requirements are to a high standard and to the appropriate
frequency as set out in the Maintenance Specification and Appointment of Landscape Contractor.
Site Inspections and Reporting Frequency
I1
I2
I3
I4
I5
I6
I7
I8
Daily inspection and Report
Weekly Inspection and Report (to Play Area)
Fortnightly Inspection and Report
Monthly Inspection and Report (including Play Area)
8 Weekly Inspection and Report
Quarterly Inspection and Report
6 Monthly Inspection and Report
Annual inspection and report (to Play Area)
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November 15
4.5
INDIVIDUAL TREES
Objective:
To establish and maintain healthy, well formed, attractive, safe trees.
Individual Trees: General
4.5.1
Individual tree maintenance shall be required as a general specification applying to the whole
contract area. If exceptions exist they will be detailed within the Appointment of Landscape
Contractor.
4.5.2
It is likely that the works required to individual trees under the landscape maintenance contract
will consist of:
i)
ii)
iii)
iv)
v)
vi)
Crown pruning to allow access
Epicormic growth removal
Pruning out of deadwood, damaged and diseased branches
Pruning of street tree overhanging branches into property and highway to the required
height
Maintenance of tree ties and stakes
Watering of Individual Trees
4.5.3
Only hand tools shall be considered of achieving the maintenance work required. If the
contractor feels the work will require the use of a chainsaw or similar equipment the contractor
must inform the SO and again approval prior to starting on site.
4.5.4
Before commencing the work the Contractor shall confirm with the Local Authority the status of
any Tree Preservation Orders, Conservation Areas or other designations, inform the SO, and
obtain the necessary approvals.
4.5.5
Each tree shall be individually considered and the general description of work to be undertaken
shall be interpreted in relation to the species, shape, size, character and condition of each
individual tree. All operations shall be carried out so as to leave a well-balanced tree crown.
4.5.6
The Contractor, in consultation with the SO will discuss and notify of potentially sensitive
planned works in areas. This notification should be given within a reasonable time frame
leading up to the associated works. This will allow letters of intent (work notifications) to be sent
out to statutory bodies and residents of the affected areas by the SO.
Health, Safety and Equipment
4.5.7
Risk assessments and working methods shall be submitted and agreed with the SO prior to
commencement. The Contractor shall allow for the prior clearance of other obstructions, and
the provision of safety fencing, signs, banksmen, and control of pedestrians / cyclists / horse
riders.
4.5.8
Arboricultural works shall be carried out in accordance with the general safety factors set out in
BS 3998 (2010) “Recommendations for Tree Work”, or any amendments thereto, and by
personnel with a recognised Training/Qualification. The Contractor shall ensure that there are
sufficient trained staff and appropriate tools, plant and equipment to carry out the work. Safety
clothing shall be worn.
4.5.9
If chainsaws are to be used, they may only be used by operatives over the age of 18, having
adequate training, expertise and holding a Certificate of Competence awarded by an
appropriate and recognised training body. The Contractor shall provide copies of the relevant
certificates to the SO.
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November 15
4.5.10 The Contractor shall ensure that there are two operatives on site at all times whilst either a
chainsaw, a chipping machine or other motorised work equipment is in operation. Appropriate
safety equipment will be used at all time in accordance with current legislation.
4.5.11 The Contractor should be aware that under Health and Safety guidelines – Working at Height
2005, it may be required that the Contractor uses a Mobile Elevated Working Platform (MEWP)
to undertake the safe pruning of a specific tree. If this is directed by the SO, the Contractor
must provide the appropriate trained staff and health and safety obligations including a risk
assessment prior to commencing works on site.
4.5.12 Ideally all tree pruning operations shall only be undertaken within the dormant season and outside
the bird nesting season. The removal of live wood from any species shall not be undertaken
during periods of severe frosts.
4.5.13 All equipment used shall be in good condition in accordance with all current legislation /
regulations / industry recommendations. All cutting equipment shall be properly sharpened and
set according to the manufacturers’ recommendations.
4.5.14 All tools shall be surface sterilised after use on trees which are known or suspected to be
diseased.
Disposal of Arisings
4.5.15 Arisings shall be removed off site unless otherwise instructed by the SO. Healthy material of
greater than 25 mm diameter may be left on site in some areas if approved by the SO. If agreed
by the SO suitable arisings may be chipped and spread over the surrounding area.
4.5.16 Any infected (disease or pest) timber shall be removed off site immediately in accordance with
current DEFRA recommendations.
4.5.17 If any defect is found within a tree during the course of carrying out work which would render
the specified work inappropriate or inadequate, the Contractor shall cease work and notify the
SO who shall agree any appropriate alternative action to be taken. Where such a defect
constitutes an imminent threat to public safety or property, the Contractor shall take appropriate
action to exclude the public from the area of danger, notify the SO immediately, and protect the
location until the SO issues further instructions.
T1: Regulative Pruning
4.5.18 Tree pruning shall be carried out in accordance with the Arboriculture Research Note 48/83/PATH
as issued by the Arboricultural Advisory and Information Service. Pruning cuts shall wherever
possible be made at a fork or at the main stem. All wounds shall be kept as small as possible.
The final pruning cut shall be made so that both the branch, branch bark ridge and branch collar
remain intact.
4.5.19 The Contractor shall carry out as part of tree pruning operations, all or any of the following works
as may be necessary.
T2: Crown Pruning to Allow Access
4.5.20 The Contractor shall cut or prune trees and hedges from ground level to the appropriate and
necessary height above ground level in order to achieve and to maintain the following standards:
Rights of Way, etc.
4.5.21 To allow for the free use of all bridleways, cycle ways, footpaths, grass paths and access routes,
horse riding trails, and roads within the Contract Area and highways which interface with the
Contract Area.
Public Highway Light Columns
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November 15
4.5.22 Shall be pruned away from the column to avoid obscuring the illumination.
Highway users
4.5.23 To maintain clear forward visibility from an appropriate distance for the road user of the full face of
all permanent road signs (information signs, regulatory signs and warning signs) and to maintain
sightlines for pedestrian and vehicles by regular crown lifting of trees and the low pruning of
shrubs in the contract area.
T3: Epicormic Growth Removal
4.5.24 Remove all epicormic buds, growth from the trees' stems and/or root suckers from all trees in
grassland, residential street trees and all trees in groundcover and shrub beds in order to achieve
and to maintain single, clean stemmed trees to a height of 2.5m or to the height specified in the
Contract Schedule.
T4: Additional Pruning Requirements
4.5.25 The Contractor shall remove any reverted branches from cultivars of tree species within the trees
crown.
4.5.26 The Contractor shall remove by pruning any undesirable climbing plants at base and main stem
of the tree.
4.5.27 The Contractor shall prune trees and shrubs around man-hole and inspection covers and
telecom boxes in all planting beds, plantations and woodland areas within the Contract area in
order to allow emergency access to those covers by the undertakers. The pruned strip around
such covers shall not exceed 200mm in width.
4.5.28 The SO may require certain tree/shrub stumps to be treated. This shall require the final cut
wound surface to be treated with an appropriate chemical (usually triclopyr), to prevent
regrowth from the stump. Use of chemicals by the Contractor shall be in accordance with
Health and Safety guidelines, the manufacturer’s recommendations and the Employers
Pesticide Policy. Treated stumps will be inspected by the SO at an appropriate period after
treatment to ensure regrowth has not occurred. If regrowth has occurred, the contractor will be
required to retreat under direction by the SO.
T5: Pruning Out of Deadwood, Damaged and Diseased Wood
4.5.29 The Contractor shall bring dead trees to the SO's attention and remove such when instructed to
do so by the SO, together with the tree stake.
4.5.30 The Contractor shall prune back using appropriate equipment all dead, damaged or diseased
wood to its point of origin. The cutting of the branch shall not damage the branch collar if taken
off at a main limb or on the bole. The triple cut method shall be used when carrying out the
pruning operation and the final wound shall be smooth and free of snags.
4.5.31 All damage to main limbs or boles shall be cleaned to remove damaged or diseased tissue back
to, but not into, live wood or bark. The final wound shall be smooth and free of snags.
T6: Maintenance of Tree Ties, Stakes, Guards and Mulch: General
4.5.32 The Contractor shall maintain the stake and tie of all planted trees in the Contract Area, carrying
out inspections and remedial works AS MANY TIMES AS NECESSARY throughout the contract
period to meet the general landscape maintenance specifications set out in 5.11. The Contractor
should note that certain species may need to be inspected more frequently than others to achieve
and maintain the same general landscape maintenance specification.
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November 15
4.5.33 Immediately after periods of high wind or storm conditions, or when directed by the SO, the
Contractor shall inspect trees, stakes and ties and perform any necessary works to meet the
general landscape maintenance specifications.
4.5.34 Where the pre-existing tie, tree barrier or stake is causing the tree stress and/or as directed by the
SO, the Contractor will remove the tie, barrier or stake, taking care not to cause extra damage to
the tree. All arisings resulting from works will be gathered up by the Contractor and taken off site
to tip.
4.5.35 In the event of a dispute on the need for or choice of operation required the SO's opinion shall be
final and the Contractor shall adjust the works accordingly.
4.5.36 The Contractor shall remove all arisings from the works. The arisings shall be gathered up by the
Contractor and taken off site to tip.
4.5.37 Tree stakes removed during the above operations shall be transported by the Contractor off site
and disposed of at his own expense.
4.5.38 Tree tie material and replacement stakes shall be supplied by the Contractor. It shall be of good
quality and suitable for the size of tree it is to be used to support. The Employer will require the
blocks and strapping to be approved prior to works commencing. In the event of a dispute on the
appropriate choice of block and pad in any specific situation the SO’s opinion shall be final and
the contractor shall adjust the works accordingly.
Tree Stake Maintenance
4.5.39 Check if the stake is still needed; if not remove the stake by: pulling it out of the ground and then
backfill the hole with soil well firmed down, or, if this cannot be achieved then by cutting the stake
off at ground level taking care not to damage the tree.
4.5.40 If stakes are removed inappropriately without the agreement or direction of the SO the Contractor
shall be required to restake and retie the tree(s) at his own expense inclusive of the supply of
appropriate stakes.
4.5.41 Check the stake for firmness, strength and vertical position: refirm, adjust or replace as
necessary.
4.5.42 Check the base of the tree's stem for rocking and socketing: restake the tree if necessary and fill
the voids around the tree's base with topsoil firmed well down.
4.5.43 When replacing a tree stake the size used shall be adequate to hold the tree upright and firm:
stakes are to be driven upright in a position 50mm from the stem of the tree; the tree is to be held
away from the stake during driving operations to avoid damage.
Tree Tie Maintenance
4.5.44 Tree ties shall be firmly secured and adjusted so as to prevent undue movement of the tree with
respect to the stake. Replacement ties shall be positioned approximately 50mm below the top of
the stake but avoiding tying at the same point as previous ties.
4.5.45 Check the tree's blocks and strapping or tie; if the block and strapping or ties are tight, and if the
materials are still serviceable, adjust the block and strapping or tie to a looser fit.
4.5.46 Check the tree's blocks and strapping or tie; remove and replace with new materials in any of the
following circumstances:
i.
ii.
iii.
If either the block or the strapping or tie are worn and/or liable to break, or
If either the block or the strapping or tie are chafing or damaging the tree, or
If either the block or the strapping or tie are an inappropriate size for the tree.
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November 15
Tree Guards
4.5.47 Where the tree has sufficiently grown as to not require the need for a protective guard at its
base or under the direction of the SO, the guard is required to be removed by the Contractor.
The Contractor shall then remove the guard and dispose of at tip.
Mulch
4.5.48 Mulch to be top dressed annually to maintain 1m diameter circle approx 5cm in depth.
4.5.49 Organic composted bark is to be used.
4.5.50 It is a requirement that the Contractor ensures that the tree specifications are followed correctly
and works are undertaken as appropriate to the required standard as set out in the
Maintenance Specifications and Appointment of Landscape Contractor.
Watering of Individual Trees
4.5.51 To ensure the continued healthy growth of newly planted trees and indicated existing stock as
directed by the SO, the Contractor will submit a watering regime schedule encompassing the
warmer months (May-September) to the SO for approval. This schedule must be in situ prior to
the commencement of works on site.
4.5.52 If the tree has been newly planted or is within the two year threshold of its initial planting, the
Contractor is responsible for the regular watering of the tree. The Contractor is required to
water the tree at least once or twice every week from May through to September or as
appropriate in consultation with the SO.
4.5.53 Soil moisture levels should be hand checked.
4.5.54 The Contractor shall replace at his own expense, as soon as weather conditions permit, and
within a specified planting period, all trees determined by the SO to be dead due to water stress
or in an unacceptable condition at the end of the growing season. To be considered
acceptable, plants shall be free of dead or dying branches and branch tips and shall bear
foliage of normal density, size, and colour. Replacements shall closely match adjacent
specimens of the same species. Replacements shall be subject to all requirements stated in
this Specification.
T7: Maintenance of Pleached Limes
4.5.55 The Contractor shall prune any outward growing shoots, using secateurs, back to one or two
buds from the base, and all arisings to be removed from site. New vertical growth shall be
removed, particularly at the top of the tree, and any new season’s growth shall be pruned. All
epicormics, buds and growth from the trees’ stems shall be removed to maintain single, clean
stemmed trees. Any undesirable climbing plants at the base and main stem of the tree shall be
removed by pruning.
4.5.56 Leading growths are to be pinched out to encourage dense growth. Adjustable plastic ties are
to be used to secure any retained growths to the wires, and shall be regularly inspected by the
Contractor to ensure that they are not damaging the bark. Any restrictive ties are to be removed
and replaced as many times as necessary.
4.5.57 The Contractor shall carry out regular inspections to ensure that any loose wires are tightened,
and will report any damage to the wires to the SO.
4.5.58 No works to the pleached limes shall be carried out in freezing weather.
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November 15
Tree Audit
4.5.59 The Contractor should note that tree management will form a part of the Monthly Audit System
used by the SO to measure the Contractors performance each calendar month. It is therefore a
requirement that the Contractor ensure that the tree specifications are followed correctly and
works undertaken as appropriate to the required standard set out in the Maintenance
Specifications and Appointment of Landscape Contractor.
Treatment Codes
T1
T2
T3
T4
T5
T6
T7
Regulative Pruning
Crown Pruning to allow access
Epicormic Growth Removal
Additional Pruning Requirements
Pruning of deadwood, Damaged and Diseased Wood
Maintenance of Tree Ties, Stakes, Guards and Mulch
Maintenance of Pleached Limes
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November 15
4.6
SHRUB MAINTENANCE – ORNAMENTAL AND NATIVE
Objective: To have full ground coverage of shrub beds with healthy, attractive plants.
Shrub Maintenance: General
4.6.1
The Contractor shall perform pruning works AS MANY TIMES AS NECESSARY throughout the
contract period to meet the standards set out below. The specification will apply to the whole of
the contract area. The Contractor should note that certain section (or parts of some section)
may need to be pruned more frequently than others to achieve and maintain the same general
landscape maintenance specification.
4.6.2
The Contractor shall cut or prune grasses, herbaceous plants, and shrubs from ground level to
the appropriate and necessary height above ground level in order to achieve and to maintain
the following standards:
i). To allow for the free use of all bridleways, footpaths, grass paths and access routes
within the Contract Area and highways which interface with the Contract Area.
ii). Where ground cover planting adjoins grass the ground cover species shall be pruned
to prevent the encroachment of ground cover plants and foliage into the grass area.
iii). To allow a one metre wide free working access to and around lighting columns.
iv). Prune trees and shrubs around man-hole and inspection covers and telecom boxes
in all planting beds, plantations and woodland areas within the Contract area in order
to allow emergency access to those covers by the undertakers. The pruned strip
around such covers shall not exceed 200mm in width.
v). The removal of dead, dying or hazardous growth.
vi). To maintain the visibility of signs, sightlines, structures, gates and visibility splays.
4.6.3
The Contractor shall not allow prunings from his work to lie on planting beds or grasslands or
on paths, roads and the like: prunings which fall on all such places shall be gathered up by the
Contractor and taken off site to tip.
4.6.4
The Contractor shall check all shrubs and trees in the Contract Area for dead or broken
branches (especially following high winds). Any such dead or broken growth shall be cut off
cleanly in accordance with the principles of good horticultural or arboricultural practice.
4.6.5
The Contractor shall bring dead shrubs or trees to the SO's attention and remove such plants
when instructed to do so by the SO, together with the tree stake if so instructed.
4.6.6
The Contractor shall use suitable work equipment to perform the pruning works throughout the
section to the maintenance specifications. The pruning equipment shall be well adjusted and
well maintained and equipped with sharp blades or cutters. The use of tractor mounted flails to
undertake any of the specified works must have the prior approval of the SO.
4.6.7
Where the shrubs and trees to be pruned are located close to street furniture, bollards or the
like, the Contractor must be careful when using machinery to undertake operations. Any
damage to existing hard work features will be replaced or repaired by the Contractor at his own
expense.
4.6.8
All suckers shall be removed from rootstocks.
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November 15
4.6.9
Any infected (disease or pest) timber shall be removed off site immediately in accordance with
current DEFRA recommendations.
4.6.10
Arisings from ornamental shrubs shall be removed off site unless otherwise instructed by the
SO. If agreed by the SO suitable arisings may be chipped and spread over the surrounding
area.
4.6.11
The Contractor shall ensure that operatives working within shrub areas are fully conversant in
tree and shrub identification prior to undertaking works described in the Maintenance
Specifications. Trees or shrubs suffering from damage, disfigurement or death as a result of
poor horticultural knowledge will be repaired or replaced as required by the Contractor at his
own expense.
4.6.12
If the Contractor has any doubt as to the identity of the tree/shrubs and the required works he
should contact the SO prior to the commencement of works.
O1: Ornamental Shrub and Groundcover Pruning Specification
4.6.13
Pruning shall be neat and to a consistent height over the whole bed unless otherwise specified
in the Contract Schedule. Vegetation adjacent to footpaths (inclusive of grass paths and grass
work access routes) shall be pruned from the footpath edge to give a sloping profile of
vegetation to the surface, not a vertical wall of cut vegetation, see the indicative illustration
below -
4.6.14
When specified in the Contract Documents in formal shrub plantings consisting of specific
species groupings the contractor shall prune the shrubs (including ground cover species) as
many times as necessary, throughout the contract period, to prevent the invasion and
domination of one species grouping over another.
4.6.15
Species specific pruning will be required during the establishment of some plants as detailed
below to ensure they grow into the required shape to fulfil the planting design. (THOSE
SHRUBS GROWN FOR COLOURED STEMS INC: CORNUS, SALIX, RUBUS AND
COCKBURNIANUS).
4.6.16
All stems shall be cut down to 50 mm above ground level, or to 50 mm above the coppice stool
if cut down previously, at a frequency indicated on the contract drawing to maintain a
succession of coloured stems. This shall be carried out during the dormant season but outside
the bird nesting season (January to February).
O2: Coppicing
4.6.17
The quantity and species to be coppiced shall be determined by the SO with regard to an
individual site. Details shall be instructed on a contract drawing of the species, the percentage
of coppicing required, and timing of the works.
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November 15
4.6.18
No coppicing shall be carried out during the bird-nesting season of late March to mid-August
inclusive unless instructed by the SO and surveyed first for nesting birds / protected species.
Unless otherwise instructed, coppicing shall normally be carried out between November and
February.
4.6.19
The Contractor shall cut down the plant to 50mm above ground level if the plant is being
coppiced for the first time. If coppiced previously, the Contractor shall cut down the plant to the
previous point of coppicing, but with the cuts positioned outside the branch collar. The
Contractor shall ensure that
the final wound surface is smooth and angled to allow water
run-off.
4.6.20
The Contractor shall process all arisings in the manner instructed by, or agreed with, the SO.
This shall be as detailed above.
Shrub Maintenance Audit
4.6.21
The Contractor should note that shrub maintenance will form a part of the Monthly Audit
System used by the SO to measure the Contractors performance within the months that shrub
maintenance is completed. It is therefore a requirement that the Contractor ensure that the
shrub specifications are followed correctly and works undertaken as appropriate to the required
standard set out in the Maintenance Specifications and Appointment of Landscape Contractor.
Treatment Codes
O1
O2
Ornamental Shrub and Ground Cover Pruning
Coppicing
M/51
November 15
4.7
HEDGE CUTTING
Objective: To provide a dense barrier of live vegetation, without gaps.
Hedge cutting: General
4.7.1
The Contractor shall generally perform ornamental hedge cutting works twice during each year
or as otherwise stated in the Maintenance Specifications, for the first time in early July and for
the second time at the end of September or early October to meet standards. Where a native
or ornamental hedgerow is adjacent to a footpath or public access route the Contractor shall
ensure that it is maintained openly.
4.7.2
The overall exception to the above shall be shrubs beds or hedges of laurel (Prunus
laurocerasus and Prunus lusitanica) which shall be cut once only per year, early to mid-July to
meet specific landscape maintenance specifications.
4.7.3
The shrub beds or hedges are to be cut to dimensions stated in the Maintenance
Specifications. In the absence of specific dimensions the Contractor shall remove this season’s
growth following the existing profile to maintain the hedge.
4.7.4
No trimming, laying, or clipping of native/agricultural hedges shall take place during the bird
nesting season.
4.7.5
Hedges shall be cut on one, two, or any combination of sides, or rounded and top as specified.
4.7.6
The Contractor shall liaise with adjacent landowners regarding any access arrangements, working
hours, and disposal of arisings, to carry out and complete the Works.
4.7.7
The Contractor shall use the appropriate work equipment to cut the hedges to meet the
specifications and to work safely. Hedgerow planting may be maintained with tractor mounted
side arm flails provided that they cut cleanly without leaving ragged ends where approved by the
SO. These may not be used on residential and some commercial property boundaries. For hard
growth and ornamental hedges, only reciprocating blade cutting machinery shall be used.
4.7.8
If the Contractor chooses to use a tractor mounted flail to undertake the required hedge cutting,
he must ensure that a banksman is present at all times. The Contractor will also ensure that all
warning signs are in place prior to the commencement of works on site.
4.7.9
Growth shall be reduced to the point of the previous cut and on completion the sides of the hedge
shall be perpendicular and the top level and at right angles to the sides.
4.7.10
All clippings lodged in the top or sides of the hedge shall be removed off Site. During the cutting
operation all litter and debris within the structure of the hedge shall be removed off Site.
Hedging Specifications
H1: One Side Only
4.7.11
To the length and to the height indicated in the Maintenance Specification and Drawings, the
cut face to slope gently from the base to the top:
M/52
November 15
H2: One Side and Top
4.7.12
To the length and to the height and width indicated in the Maintenance Specification and
Drawings, the cut face to slope gently from the base to the top:
H3: Both Sides
4.7.13
To the length and to the height indicated in the Maintenance Specification and Drawings, the
cut faces to slope gently from the base to the top:
H4: Both Sides and Top
4.7.14
Drawings, the cut faces to slope gently from the base to the top:
H5: Dome
4.7.15
Drawings, the flowing profile to be dome shaped:
M/53
November 15
Hedge Maintenance Audit
4.7.16
The Contractor should note that hedge maintenance will form a part of the Monthly Audit
System used by the SO to measure the Contractors performance within the months that hedge
maintenance is completed. It is therefore a requirement that the Contractor ensure that the
hedge specifications are followed correctly and works undertaken as appropriate to the
required standard set out in the Maintenance Specifications and Appointment of Landscape
Contractor.
Treatment Codes
H1
H2
H3
H4
H5
One side only
One side and top
Both sides
Both sides and top
Dome
M/54
November 15
4.8
HERBACEOUS PLANTING MAINTENANCE
Objective: To have full ground coverage of areas of herbaceous planting with healthy plants.
B1: Herbaceous Planting Maintenance, General
4.8.1
Within the herbaceous planting beds identified in the Maintenance Specifications the Contractor
shall usually treat weed growth by hoeing and hand weeding only as many times as necessary
to ensure that the planting beds meet the Employer’s specification Weed Free.
4.8.2
The Contractor may under the authorisation of the SO use a contact herbicide. Any
authorisation must be sought prior to each application.
4.8.3
The herbaceous species shall generally be cut back annually after flowering as directed by the
SO, with the exception of Miscanthus species and other grass types which shall be cut to just
above ground level annually in March before the growing season commences.
4.8.4
The Contractor shall supply a 7:7:7 granular fertiliser (or other as approved by the SO) and
apply twice a year to the herbaceous planting beds. The first application will be at the start of
the growing season (usually mid-March); and the second in late June or early July at the rate as
per the manufacturers recommendations to the herbaceous planting beds.
Treatment Codes
B1
Herbaceous Planting Maintenance
M/55
November 15
4.9
AQUATIC PLANTING MAINTENANCE
Objective: Healthy, attractive, prolific aquatic planting without choking the water body.
A1: Aquatic Planting Maintenance, General
4.9.1
In order to reduce silt accumulation dead aquatic and marginal vegetation is to be removed at
the end of the growing season (October - November). When clearing vegetation the Contractor
should be aware of the Wildlife and Conservation Act which may be applicable to works along
watercourses.
4.9.2
Aquatic vegetation arisings should be stacked close to the water’s edge for 48 hours to drain
and allow wildlife to return to SUDS feature. Vegetation should then the removed off site and
disposed of at an approved location.
Spraying
4.9.3
Within the SUDS area, as identified in the Contract Documents, the use of pesticides is
PROHIBITED unless permission is sought, through the SO, of the Environment Agency (EA)
and SO receives written approval of that permission form the EA for their use.
4.9.4
Where specific permission has been obtained from the relevant agency by the SO, the
Contractor will be required once a year under licence to spray reed mace from specified areas
of the watercourse as directed by the SO. This will be denoted on the Contract Drawing as a
standalone specification under Reed Mace Spraying W10 – followed by a year.
4.9.5
The Contractor will be expected to provide a staff member trained in spraying from bank to
water.
Treatment Codes
A1
Aquatic Planting Maintenance
M/56
November 15
4.10 GULLEY CLEARANCE
Objective: To have fully functional and clear gulleys
4.10.1 The Contractor shall clear gulleys of build up of all silt and other material to the number of times
specified on the Contract Drawings.
4.10.2 Material removed is to be disposed of to an appropriate facility off site.
4.10.3 Covers are to be fully reinstated following completion.
4.10.4 Where opening gulley covers presents a trip hazard, barriers or signage are to be erected as
required to remove risk to the public.
M/57
November 15
4.11
HORTICULTURAL MATERIALS
General
4.11.1
All fertilisers, mulches, herbicides, guards, ties and the like shall be as listed in Table SP/1 and
SP/2 and shall be applied at the rates specified or, where not specified, at rates in accordance with
the manufacturer’s instructions. The foliage and stems of all woody vegetation shall be protected
from herbicide and fertiliser contact. A sample of the mulches to be used shall be submitted to the
SO for approval prior to their incorporation into the Works.
4.11.2
Damage to plants caused by the misapplication of chemicals or poor workmanship involved with
the spreading of mulch shall be rectified at the Contractor’s own expense and where instructed, the
Contractor shall replace damaged plants at his own cost.
Stakes and Ties
4.11.3
Stakes shall be straight, round, debarked, softwood, pressure impregnated with water borne
copper/chrome/ arsenic compositions to BS 4072 or water-borne fluoride/arsenate/chromate,
dinisophend to BS 3453 pointed at the butt end, and have a minimum diameter of 60mm
(50mm for short stakes.
4.11.4
Ties shall be adjustable for trees and specified shrubs and shall incorporate a spacer, made of
black PVC or reinforced rubber. The width of the belt shall be 25mm and the tie shall be fixed to
the stake with a galvanised nail.
Tree & Shrub Shelters
4.11.5
Tubular shelters for trees and shrubs shall be circular brown polypropylene (twin walled) with a
perforated vertical line (to allow the shelter to burst). Shelters shall be fixed with two releasable
ratchet ties to a treated softwood stake 25 x 25 x 800mm (pointed at one end) and driven 300mm
into the ground. Tree shelters shall be 600mm in height with a diameter of 120mm. Shrub shelters
shall be 600mm in height with a diameter of 200mm.
Irrigation Pipes
4.11.6
These shall be 70-75mm diameter flexible perforated plastic pipe of sufficient length to
encompass the root spread of the tree and emerge at ground level. The pipe shall have a
removable cap attached to prevent soil entering the pipe.
Gravel Drainage Layer
4.11.7
Where specified a gravel drainage layer 100mm deep comprising 10-25mm lime-free washed
aggregate (no fines) shall be evenly laid in the base of the prepared tree pit.
Bark Mulch
4.11.8
Where specified bark mulch shall be medium grade chipped (not peeled) conifer bark, composted
for at least 6 weeks, size 25-65mm, no fines. The supplier shall provide a representative sample of
the material of a quantity of not less than 5 litres, which shall be approved by the S.O. and used as
a check against future supplies.
Planting Compost
4.11.9
Rooting medium shall be peat free planting compost as identified in table SP/1 to be supplied from
a reputable source approved by the SO and to be free from toxic matter or disease carrying
substances. The Contractor shall supply the SO with a Certificate to prove that the compost has
been sterilised.
4.11.10
The Contractor shall provide a Certificate of Analysis to show that the materials being supplied are
appropriate for use as a planting medium and the analysis shall contain information on:
M/58
November 15
i).
ii).
iii).
iv).
v).
The pH value (to be between pH 6 – 7);
The electrical conductivity (to be less than ADAS Index 4);
Organic matter content;
Total and extractable nitrogen, phosphorus, potassium, magnesium and calcium;
Total and extractable copper, nickel, manganese, iron, zinc and water-soluble
boron.
Grass and wildflower seed
Seed shall be produced for the current growing season.
Certification: Blue Label Certified Varieties
Standard EC Purity and Germination Regulations.
Official Seed testing Station Certificate of Germination, Purity and Composition.
Submit when requested.
Quality of Water
4.11.11
Water shall be from a mains water supply, or other supply approved by the SO. The existing
water supply system on Site may be used, at the Employer’s sole discretion and with his prior
approval, subject to any current restrictions that may be in place via the local Water Authority.
4.11.12
The Contractor shall be entirely responsible for securing adequate supplies of water, from
whatever source and in drought or other adverse conditions, for the satisfactory execution and
maintenance of the Works.
Table SP/1 Fertilisers, Herbicides and Mulches, etc.
Item
Proprietary Products/Type
1
Planting compost
Sinclairs SHL “Tree Start” peat free planting compost or
approved equivalent. Tel: 01522 537561
2
Gravel drainage layer
10-25mm lime-free aggregate, washed, no fines, lay to
100mm depth.
3
Pre-seeding fertiliser.
NPK 17-17-17 250 kg/h2
4
Slow release fertiliser
‘Enmag’ SA1 or equivalent approved.
5
Slow release
tablets
Sierra ‘Agroblen’ 15g “Blue” or equivalent approved.
6
Translocated
herbicide
during establishment
Active ingredient: Glyphosate
(“Round up” or equivalent approved)
7
Bark Mulch
Medium grade chipped conifer bark,
size 25-65mm, no fines.
8
Root dip
‘Broadleaf P4’ or equivalent approved.
fertiliser
M/59
November 15
Table SP/2 Plant Accessories
Item
1
2
3
Proprietary Products/Type
73mm flexible perforated
watering
‘Wavencoil’ or equivalent approved pipe laid in
accordance with manufacturer’s instructions
Tree ties
‘Toms’ rubber ties or equivalent approved with galvanised
nail to fix stake.
Tree and shrub shelters
‘Tubex’ or equivalent approved. Tree - 600mm high
120mm diameter; shrub - 200mm diameter.
Table SP/3 Grass Seed (Available from British Seed Houses A22 or similar approved).
1.
2.
3.
Lorina Perennial Ryegrass
Logro Slender Creeping Red Fescue
Highland Brown Top Bent
40%
35%
25%
Table SP/4 Wildflower Seed Mix (Available from British Seed Houses RE2 - Lowland Meadow
or equivalent and approved)
% by Seed Number
1.0%
1.0%
1.0%
2.0%
1.0%
1.0%
1.0%
1.0%
1.0%
2.0%
1.0%
1.4%
1.4%
2.0%
2.0%
0.2%
10.0%
6.0%
3.5%
6.0%
6.0%
13.5%
6.0%
11.0%
Species
Common Name
WILDFLOWERS
Achillea millefolium
Centaurea nigra
Conopodium majus
Filipendula ulmaria
Galium verum
Horduem sacalinum
Hypochoeris radiacata
Leontodon autumnale
Leucanthemum vulgare
Plantago lanceolata
Primula veris
Prunella vulgaris
Pulicaria dysenteria
Ranunculus acris
Rumex acetosa
Vicia cracca
GRASSES
Agrostis stolonifera
Alopecurus pratensis
Arrenatherum elatius
Cynosurus cristatus
Dactylis glomerata
Deschampsia caespitosa
Festuca pratensis
Festuca rubra ssp. litoralis
Yarrow
Common Knapweed
Pignut
Meadow Sweet
Lady’s Bedstraw
Meadow Barley
Cat’s ear
Autumn Hawkbit
Ox-eye Daisy
Ribwort Plantain
Cowslip
Self-Heal
Common Fleabane
Meadow Buttercup
Common Sorrel
Tufted Vetch
Creeping Bent
Meadow Foxtail
Tall Oat-Grass
Crested Dogstail
Cocksfoot
Tufted Hair-Grass
Meadow Fescue
Slender Creeping Red Fescue
M/60
November 15
Phleum pratense
Poa trivialis
Trisetum flavescens
3.0%
12.0%
3.0%
4.11.13
Timothy
Rough Stalked Meadow Grass
Yellow Oat-Grass
Tree Sizes and Definitions
All trees shall have well-formed heads with a single leading shoot and showing vigorous
growth and a sound fibrous root system. The size and form of trees will be as specified by the SO.
Tree Sizes and Definitions
Form
Whip
Feather
Standard
(Standard)
Standard
(Selected)
Standard
(Heavy)
Standard
(Extra
Heavy)
SemiMature
Age/Condition
or
x
transplanted
2x
2x
2x
Girth
Height
Clear Stem to
Root Condition
8-10
125-150
175-250
250-300
175-200
Bare Root
Bare Root
Rootball
2x
10-12
300-350
min 200
Rootball
3x
12-14
350-425
min 200
Rootball
3x
14-16
16-18
18-20
20-25
25-30
30-35
35-40
40-45
425-600
450-625
450-650
-
min 200
min 200
min 200
min 200
min 200
min 200
min 200
min 200
Rootball
Rootball
Rootball
Rootball
Rootball
Rootball
Rootball
Rootball
4x, 5x
Feathered Trees
4.11.14
Feathered tree is defined as a young tree that has been transplanted at least once, with a
reasonably straight and upright central leader of not less than 1.75 metres and furnished with
lateral shoots to near ground level, maximum height 2.5 metres.
Forestry Transplants
4.11.15
“Forestry transplant” is defined as a young tree that has been transplanted or undercut at least
once. The height shall be specified, with the age and other dimensions where appropriate. It shall
have a central leader. The age of plants, where given, will be expressed by indicating separately
the time spent in the seedbed and the transplant lines. Each trans-planting shall be indicated by a
‘+’ sign e.g. 1+1 and undercutting by the letter ‘u’, e.g. 1u1. No plants shall remain for more than
two years in either seedbeds or transplant lines without undercutting or transplanting, and in any
case plants for forest use shall not be more than four years old.
M/61
November 15
UnPlanned Works
4.12 UNPLANNED WORKS INFORMATION
Debris
4.12.1 All material arising from clearance works, rubbish, hard debris, decayed vegetation, stones
greater than 25mm in diameter and contaminated soil shall be removed from site.
4.12.2 Any material containing toxins, pathogens or other substances harmful to life shall be removed
to an approved tip and reported to the Employer.
4.12.3 On occasion material from the clearance works may be retained or chipped on site with the
agreement or instruction of the Employer.
Vegetation Clearance
4.12.4 Vegetation shall only be cleared where it has been specified on a site plan or by the instruction
of the Employer.
i).
Trees, shrubs, scrub
All above ground growth and surface roots and stumps shall be removed. Larger
stumps shall be ground down to a depth below ground as agreed with the Employer,
or stumps cut to ground level and killed as agreed with the Employer.
ii).
Herbaceous plants
Perennial plant material, with approval from the Employer, to be sprayed off with an
appropriate herbicide and dead plant material removed from site; or annual plant
material to be strimmed and arisings removed from site.
iii).
Grass
Where instructed by the Employer areas of existing grass to be reinstated shall be
sprayed off with an appropriate herbicide.
Retained Vegetation
4.12.5 Vegetation to be retained in areas to be reinstated shall be agreed with the Employer or be
specified on a site plan.
4.12.6 Plant material to be retained must not be damaged. If, in order to accommodate reinstatement
works any pruning or lopping to branches or roots is required it must only be carried out with
the consent of the Employer.
4.12.7 The ground under the canopy of retained plant material must not be compacted, nor the soil
level altered. Therefore No machinery will be used within the root zone of any retained trees
unless instructed by the Employer.
4.12.8 Retained vegetation is to be protected during the reinstatement works as per the Employer’s
instructions.
4.12.9 Any damage to retained plant material must be notified to the Employer as soon as the damage
occurs. The Contractor will replace damaged items with equivalent as soon as practical at his
own cost.
Site Preparation: Soil
4.12.10 Once the grading and levelling of the area is complete the topsoil should not be crossed by
vehicles or have plant and material stored on it. There should be no hard debris greater than
25mm diameter, rubbish or dead plant material remaining in or on the surface.
M/62
November 15
4.12.11 The soil shall be kept fine and free from weed during any fallow period prior to works
commencing.
4.12.12 After the completion of the ripping or lifting the Contractor shall be responsible for thoroughly
cleaning the surface of any path of any contamination caused by the work.
Retain Existing Topsoil
4.12.13 Existing topsoil is to be retained and stored whilst subsoil levels are restored to recommended
height.
4.12.14 Soil should be stored in heaps no more than 2m high, and if being stored more than 6 months
sown with rye grass to prevent weed growth.
4.12.15 Topsoil should not be moved if it contains aggressive weeds (e.g. Japanese Knotweed).
Top Soil Handling
4.12.16 Handle topsoil in driest conditions possible: do not handle during or after heavy rainfall or when
it exceeds its Plastic Limit.
4.12.17 Plant used to handle topsoil must be selected and used to minimise disturbance, trafficking and
compaction to the soil.
4.12.18 Do not mix topsoil with other material such as subsoil or stones.
Ripping or Lifting
4.12.19 The SO may direct that in certain parts of the site where damage has caused the natural
drainage of the soil to be severely impeded by compaction then that compaction be ameliorated
by either ripping or lifting depending on the extent of the damaged area.
4.12.20 A tractor mounted ripper shall be used on all areas to be ripped by the Contractor; a hand-fork
may be used in areas to be lifted.
Rotovating
4.12.21 The Contractor shall thoroughly rotovate the areas to a finish as directed on site by the
Employer, the rotovating shall take place to a minimum depth of 100mm. After rotovating the
area shall be raked out or harrowed to produce a fine seed bed tilth approximately 25mm deep
and lightly consolidated with an approved roller.
Stone picking
4.12.22 All stones over 25mm in diameter shall be removed from the topsoil and taken away to an
approved tip.
Grading and Levelling: Small Areas, Ruts and Depressions
4.12.23 The Contractor, where possible, shall level the area of grassland by the use of hand tools to lift
or fold the arisings back into the depression. In other cases top-soil may be used to fill area
with the agreement of the Employer. Topsoil to be graded to existing finished levels and
profiles, with allowance for settlement.
Grading and Levelling: Large Areas
4.12.24 Subsoil shall be excavated/filled to ensure required finished topsoil levels and profiles are
achieved. It shall be thoroughly loosened when ground conditions are reasonably dry:
i).
ii).
On light, non-cohesive soils to 300mm depth
On still clay and cohesive soils to 450mm depth
M/63
November 15
iii).
On rock and chalk subgrades, lightly scarify to promote drainage
4.12.25 Topsoil to be graded to existing finished levels and profiles with allowance for settlement.
Imported Topsoil
4.12.26 Should imported topsoil be required it shall be from a source approved by the Employer. It shall
comply with BS 3882: 1994 and be Premium grade unless another grade is specified.
4.12.27 If large quantities of topsoil are required the Employer may request an analysis of the topsoil, at
the Contractor’s expense. A conductivity reading in excess of 2800 µs-cm-1 (in calcium
sulphate extract) is not acceptable.
M/64
November 15
4.13
UNPLANNED PLANTING: GENERAL
4.13.1
All plants shall conform to the species, types, sizes, and characteristics as described on the
Contract Drawings or in the Plant Schedule. No substitution in species, size or type will be
made without prior agreement with the Employer.
4.13.2
Plants shall be obtained from nurseries accredited in the Horticulture Certification Scheme
and shall be available for inspection at source.
4.13.3
Any materials, which in the opinion of the Employer, do not meet with the requirements of
the specification, or are unsuitable or defective in any way, may be rejected.
4.13.4
All plants shall be:
i).
ii).
iii).
iv).
v).
vi).
vii).
Condition: materially undamaged, sturdy, healthy, vigorous
Appearance: of good shape and conform to species type
Hardiness: Grown in a suitable environment and hardened off
Health: free from pests, diseases, discolouration, weeds and physiological
disorders
Budded or grafted plants: bottom worked - no grafted stock shall be supplied
without the permission of the Employer
Root system and condition: Balanced with branch system
Species true to name
4.13.5
Upon submission of evidence that certain species are not available at the time of the
contract the Contractor may, in exceptional circumstances, be permitted to offer substitutes
at an agreed adjustment of price. All substitutions shall be to the nearest equivalent species
and variety to the original specified but shall be subject to the approval of the Employer
before the change is made.
4.13.6
Any plant found to be of the wrong variety or size specification after planting shall be
replaced with the correct variety and size at the Contractor’s expense.
4.13.7
Planting Timing
Planting shall take place when the soil is moist and friable, and not waterlogged or frozen or
excessively dry. Normal planting times are:
i).
ii).
iii).
iv).
v).
vi).
vii).
4.13.8
Deciduous trees and shrubs: When dormant, early November to late March
Conifers and evergreens: September/October or April/May
Herbaceous plants and marginals: September/October or March/April
Container grown plants: any time of year when ground and weather conditions
are favourable
Dried bulbs, corms and tubers: September/October
Wildflower plugs: Late August to mid-November or March/April
Marginal Aquatic plants Feb/March or September/October
Watering
After planting water full depth of topsoil, to ensure establishment and continued thriving of
plants. If water supply is likely to be restricted by drought or emergency legislation, do not
carry out planting unless instructed.
Plant Handling, Storage and Transport
4.13.9
Durable labels marked with botanical plant names, size, quantity and the suppliers name
shall be securely fixed to each specimen, tree, bundle, bag or lot of one species of plant.
M/65
November 15
4.13.10
Plants shall be handled with care to the standard HTA ‘Handling and Establishing
Landscape Plants’.
4.13.11
Container grown plants shall conform to the specification of standards of the British
Container Growers Association. They shall have:
i).
ii).
iii).
iv).
v).
4.13.12
Growing medium: With adequate nutrients for plants to thrive until permanently
planted
Plants centred in containers, firmed and well watered
Root growth substantially filling the containers, but not root bound
Have been grown in the open at least two months before supply
Containers with holes adequate for drainage
Rootballed stock shall be rootballed in the field immediately upon lifting and the rootball
secured to prevent loss of soil and drying out. The rootball has to be large enough to
encompass all roots without cutting, twisting, or other damage.
Packing and Transport
4.13.13
The Contractor shall comply with those sections of the C.P.S.E. publication: ‘Plant Handling’,
which are concerned with the care of plant material in transit and its temporary storage prior
to planting, and also with the requirements listed below.
4.13.14
Any plants packed in crates for transit shall be unpacked immediately or within 24 hours of
delivery at the latest. The plants should be carefully checked for damage Container-grown
plants should be checked to ensure that the soil and root system are neither dried out nor
waterlogged.
4.13.15
All bare-rooted stock shall be protected from drying out in black polythene bags during
transit and on site prior to planting/heeling in. The Employer has the right to refuse any dried
out material.
4.13.16
If the plants are not to be planted within 24 hours of delivery, they shall be heeled in by
placing the roots in a prepared trench, covering them with fine soil and well firming or
watering in to prevent air pockets. Container grown plant material will be stored upright in a
location on site agreed with the Employer. Any plant material stored on site shall be
protected from drying winds and watered and the contractor shall be held responsible for
any damage or theft which occurs.
4.13.17
Trees shall be carefully packed during transit, either individually or in bundles, with straw
and wrapped in hessian to prevent rubbing of branches and drying out of roots (if barerooted). Specimens should be carefully checked for damage.
4.13.18
Any damaged plants or other plants that in the Employer’s opinion have been handled
incorrectly shall be set aside and not used in the Works, and replaced at the Contractor’s
expense.
4.13.19
Where necessary bare-rooted trees, transplants and shrubs shall be immersed in root dip
upon lifting at source nursery at the manufacturer’s recommended rate. The Contractor
shall supply certification from the nursery confirming that this procedure has been
undertaken.
4.13.20
Prior to planting any broken or damaged branches should be pruned or treated as
appropriate. Any damaged roots should also be cut out.
4.13.21
Planting: Grass/Wildflower
The areas to be seeded shall have a fine weed free seed bed tilth on top of soil cultivated to
100mm depth. After rotovating, the area shall be raked out or harrowed to produce a fine
seed bed tilth approximately 25mm deep and lightly consolidated with a roller.
M/66
November 15
4.13.22
Seed bed shall contain no hard debris over 25mm in diameter, rubbish and plant material.
4.13.23
The areas shall have an even surface, without minor bumps and hollows, and graded into
levels of the surrounding land and around features such as trees and street furniture.
Allowance should be made for subsequent soil settlement.
4.13.24
Seed sowing shall be carried out in favourable weather conditions when the soil is dry and
friable. The Employer retains the right to suspend seeding operations when, in his opinion,
the weather conditions are unsuitable
4.13.25
The seed to be sown shall be one of the following mixtures as agreed between the
Contractor and the Employer, or similar approved:
i).
British Seed Houses A22 Mix
4.13.26
Seed shall be sown at a rate as per the manufacturers recommendations, in transverse
directions by hand in small areas or broadcast machines in large areas, lightly harrowed or
raked in and firmed with a light roller.
4.13.27
In areas where germination has failed within 4 weeks of seeding/turfing for whatever reason
or where in the opinion of the Employer excessive subsidence has occurred then these
areas will be re-seeded/turfed at the Contractor’s expense, including all necessary grading,
topsoiling and cultivations as may be required.
Maintenance to establishment: Grass Seeding
4.13.28
The grass shall have an initial cut when it has grown to 100mm. It should be cut to 50mm
high, and all arisings collected and removed. The grass shall be rolled in two directions with
a large light roller. Operations to be carried out in suitable soil and weather conditions.
4.13.29
The grass shall have a second cut when it has grown further to 100mm. It shall be cut to
50mm and the arisings collected and removed from site.
4.13.30
Completion will be given when germination has proved satisfactory, all weeds have been
removed, there is an even growth of grass and the first two cuts have been completed.
Maintenance to establishment: Wildflower Seeding
4.13.31
4.13.32
Autumn Sown
March
Cut to 40-70mm if there is sufficient material
May
Cut to 40-70mm
September
Cut to 40-70mm after flowering. In all cases, remove arisings
Spring Sown
6 weeks after sowing
Cut to 40-70mm if there is sufficient material
May
Cut to 40-70mm
September/October
Cut to 40-70mm after flowering. In all cases, remove arisings
Grass Turfing: General
4.13.33
The areas to be seeded shall have a fine weed free seed bed tilth on top of soil cultivated to
100mm depth. After rotovating, the area shall be raked out or harrowed to produce a fine
seed bed tilth approximately 25mm deep.
M/67
November 15
4.13.34
Extend cultivation into any adjacent areas of existing grass to ensure full marrying–in of
levels.
4.13.35
The soil shall contain no hard debris over 25mm in diameter, rubbish and plant material.
4.13.36
Turfing laying should take place during mild and damp weather conditions when the ground
is moist and workable. Do not lay turf when persistent cold or drying winds are likely to occur
or if the soil is frost bound, waterlogged or excessively dry.
4.13.37
Ideally turfing should take place from the beginning of April to mid-may or from the beginning
of September to mid-October. Outside of these periods turf laying may be carried out when
weather and ground conditions are suitable as agreed with the Employer, and a watering
regime is in place.
4.13.38
When laying the turf do not overlap the edges or create tension allowing joints to pull apart.
4.13.39
Use boards while laying the turf and do not walk on newly laid surface.
4.13.40
Water in thoroughly after laying turf and never allow turf to dry out during establishment. A
watering regime should be agreed prior to commencement.
Maintenance to Establishment: Grass Turfing
4.13.41
Prior to initial cut remove debris, litter and stones from surface.
4.13.42
Two weeks after laying the turf cut to a height of 20mm. Collect and dispose of arisings.
4.13.43
In all areas where germination has failed within 4 weeks of turfing for whatever reason or
where, in the opinion of the Employer, excessive subsidence has occurred then these areas
will be re-turfed at the Contractors expense, including all necessary grading, topsoiling and
cultivations as may be required.
4.13.44
Practical completion will be agreed after approximately one month when a healthy sward
has been established free of perennial weeds.
Bulbs, Corms and Tubers
4.13.45
Bulbs, corms and tubers should be firm, whole, not dried out or shrivelled, free from pests,
diseases and fungus.
4.13.46
Plant so that the top of the bulb is at a depth of approximately twice its height.
4.13.47
Arrangement as specified.
4.13.48
Completion will be given when the bulbs have emerged and flowered.
Maintenance to Establishment:
4.13.49
Any grass cutting operations shall be postponed until 6 weeks after flowering or such other
time as instructed by the Employer.
4.13.50
Arisings from cutting the bulbs shall be collected up and taken off site for disposal.
Planting and Establishment: Trees
4.13.51
Tree planting must occur within 48 hours of preparation of the tree pits.
4.13.52
The trees are to be planted in accordance with the practice as set out in the appropriate
British Standards Specifications.
M/68
November 15
4.13.53
Trees are to be planted at their natural depth with any tree stakes driven in place prior to
backfilling.
4.13.54
Care is to be taken to spread all roots and cut back any minor damage to roots as may be
required.
4.13.55
After planting the topsoil, backfill mixture specified shall be backfilled in layers of 150230mm depth, at each stage consolidating each layer and well packing around the roots.
Slow release fertiliser tablets shall be regularly placed at a level around the roots in each
tree pit during backfilling. Care shall be taken that tablets do not touch any part of the
plants.
4.13.56
The Contractor shall, before the final layer of soil is backfilled, thoroughly water the tree,
allowing the water to drain away freely before completing the filling. Allowance shall be
made for due settlement of at least 100mm.
4.13.57
Any broken branches shall be pruned back to bud and damaged bark bared back to sound
tissue. Damaged plants may be rejected by the Employer.
4.13.58
Tree stakes shall be pressure impregnated to BS1282, softwood, straight, free of projections
and pointed at one end. All bark shall be removed from stake.
4.13.59
The length of stakes shall be equal to the sum of the length of the stake above the ground
(600mm), the depth of the tree pit and an additional 300mm.
4.13.60
Tree ties are to be secured by Rubberloc tree ties (or similar approved by the Employer).
Ties to be fixed 25mm from the top of the stake or cane using galvanised clouts.
4.13.61
Irrigation pipes for trees as specified shall be installed in accordance with Manufacturers
specification.
Maintenance to Establishment
4.13.62
Watering regime is required to ensure the successful establishment of all species.
4.13.63
Tree guards to be installed where specified.
4.13.64
Where specified, tree circles 1m diameter to be kept mulched to a depth of 75mm. Mulching
to be done immediately after planting and watering, and replenished each spring for as long
as specified.
4.13.65
Assessment between the SO and Contractor will be undertaken at the end of each growing
season throughout the agreed defects liability period to determine replacements. These will
be supplied as required in the next suitable planting season to be no smaller than the
existing tree size and species.
Planting and Establishment: Shrubs and Herbaceous
4.13.66
All shrubs and herbaceous material shall be planted during October – March.
4.13.67
All planting works shall be carried out when soil and weather conditions are suitable and as
directed by the SO. No planting shall be carried out when the ground is frozen or snow
covered, waterlogged or excessively dry.
4.13.68
In the event of the planting taking place during prolonged hot and dry conditions, the
Contractor is to ensure that he agrees a watering programme with the Employer.
4.13.69
The Contractor shall give 48 hours notice to the Employer of his intention to start planting
shrubs.
M/69
November 15
4.13.70
The Contractor is to ensure that the following items are approved by the Employer before
their application or before the subsequent work is started:
i).
ii).
iii).
iv).
Cultivation of topsoil prior to planting
Plant material
Preparation of planting areas prior to planting
Shrub positions
4.13.71
The Contractor shall be responsible for setting out all areas of planting to the satisfaction of
the Employer and shall rectify any errors in setting out at his own expense. Whilst rigid
accuracy in spacing and setting out is not essential, the Contractor will be expected to
achieve the general distribution of plants as shown on the Contract Drawings and in the
plant schedules.
4.13.72
No planting shall take place unless the ground is free of perennial weeds.
4.13.73
Topsoil shall be dug by hand or cultivated by machine to minimum depth of 300mm,
breaking down all lumps, then forking, raking and collecting and removing from site all
weeds and any debris greater than 50mm diameter. Additional topsoil may be imported to
subsidise existing topsoil if necessary. The surface is to be left with a medium tilth with
smooth, flowing contours, removing all minor hollows and ridges.
4.13.74
Plants shall be planted at the same depth as previously grown, with care being taken to
avoid any damage to the root system and stems. Ensure soil is broken up on sides and base
of planting pit. Care shall be taken to avoid breaking up the rootball, but plants that have
become pot bound shall have their roots gently eased out. The plants shall be placed in the
planting hole and gently shaken to allow the fine soil to surround the roots. As the rest of
the soil is returned it shall be well consolidated and firmed around the roots to eliminate all
air pockets.
4.13.75
Following completion of planting, the soil over the whole of the planted area shall be
sufficiently watered as necessary to achieve its field capacity.
4.13.76
On completion of planting, watering and mulching (if required), all areas shall be left tidy and
weed-free to the approval of the Employer and shall be maintained in a tidy and weed-free
state until completion of the works.
Maintenance to Establishment
4.13.77
The Contractor shall be responsible for the establishment of the planting for the period
specified in the Contract.
4.13.78
Maintain the herbaceous and shrub beds weed free.
4.13.79
Annually in spring apply slow release fertilizer, as per the manufacturer’s recommendation,
during the establishment period.
4.13.80
Annually in spring replenish the mulch on planting beds to a depth of 75mm.
4.13.81
During periods of prolonged drought a watering programme is to be agreed with the
Employer.
4.13.82
Plants which have become loosened from the soil, lifted up or out of the ground shall be set
upright and re-firmed by treading. As young shrubs and herbaceous plants are susceptible
to frost, a site inspection shall be made after periods of heavy frost.
4.13.83
The Contractor shall keep plants free of harmful pests and diseases. The Contractor shall
notify the Employer of any infestation and provide details of proposed remedial operations
M/70
November 15
for approval. Control measures shall be carried out in time and to a programme that
prevents reoccurrence and controls spread of the problem.
4.13.84
An annual inspection shall be made of plant material and any dead, dying or decaying plants
shall be removed and replaced in the next planting season.
4.13.85
Specific formative pruning to be undertaken of shrubs to ensure that plants conform to their
species type on maturity.
4.13.86
Assessment between the SO and Contractor will be undertaken at the end of each growing
season throughout the agreed defects liability period to determine replacements. These will
be supplied as required in the next suitable planting season to be no smaller than the
existing tree size and species.
M/71
November 15
4.14
UNPLANNED PLAYING FIELD WORKS
4.14.1
These works encompass the following operations and are included as a measured item in
the Schedule of Works – Unplanned Works.
Erection and Removal of Goal Posts
4.14.2
Prior to the start of the football season the Contractor shall collect and erect the football
posts into their respective positions.
4.14.3
At the finish of each playing season all football posts shall be dismantled and transported by
the Contractor to a safe and secure storage area in readiness for the following season.
4.14.4
During the process of erecting, dismantling and storage of posts, care shall be exercised by
the Contractor.
4.14.5
While the posts are erected, the Contractor shall inspect them weekly to ensure that they
are safe and secure. Any damage shall be reported to the SO by the next working day.
4.14.6
The Contractor shall inform the SO of the storage area and the SO may request the
inspection of the storage site.
Painting Posts
4.14.7
During the period between seasons, the Contractor shall paint all football posts. Before
painting, each post shall be thoroughly scraped and washed to remove dirt, rust, grease,
string, adhesive tape or similar.
4.14.8
Posts shall be brushed by wire brush or similar to remove stubborn dirt, rust, loose paint,
etc. Each post shall receive an application of suitable undercoat and when ready, a finishing
coat of white gloss.
4.14.9
Painting shall be carried out in dry weather conditions or under cover.
Post Sockets
4.14.10
In good time before the commencement of the playing season, the Contractor shall inspect
all post sockets for signs of damage, blockage or instability.
4.14.11
Where sockets indicate a likelihood of failing during the playing season, these shall be
replaced and the grass surrounds reinstated.
4.14.12
At the finish of the playing season following removal of the posts, the sockets shall be
capped.
4.14.13
The Contractor shall ensure that the sockets lie 25mm below surrounding levels and, if
necessary, the Contractor shall reinstate to achieve this.
Erection of new goalposts and sockets
4.14.14
The Contractor may be required, when instructed by the SO, to supply and erect goalposts
and sockets on a defined site.
M/72
November 15
4.15
UNPLANNED HARD WORKS
Street furniture and Fences
4.15.1
Street furniture, fences and timber walkways include the following items:
Unplanned Maintenance
4.15.2
Apart from inspection and cleansing, all maintenance to street furniture will be deemed to be
unplanned.
4.15.3
After any defect is made not hazardous, the Contractor will inform the Employer immediately
who will decide on the appropriate action to be taken. Where possible payment for any
works then carried out by the Contractor will be based on rates inserted in the Schedule of
Works, otherwise works will be paid for on a day work basis for materials, plant and labour
as set out in the Unplanned Works Request Form (see Appendix C).
4.15.4
All fencing, to be treated to CCA CATB 20 years, any replacement timber will be treated to
the same standard and be of a type and quality identified in this Specification.
Construction: Fences
4.15.5
All timber (except reclaimed timber where instructed) shall be first quality, pressure
impregnated, well seasoned softwood, free from bark. Tanalised softwood shall not be
used.
4.15.6
All wiring, including netting, nails and staples shall be galvanised in accordance with BS
standards.
4.15.7
Timber for bollards and posts to be the dimensions specified by the SO.
4.15.8
Stain for Timber – to be water resistant and non-harmful to plants. The Manufacturer is to be
approved by the Employer prior to any works. All timber must be in clean, dry conditions,
free from dust, dirt and wax grease or surface moisture. Prior to treatment any resinous
areas or knots on softwood to be wiped over with cellulose thinner or proprietary product.
Two coats shall be applied to timber. The second coat to be applied as soon as possible
after the first has dried.
Workmanship
4.15.9
The Contractor shall allow in his rates for any minor grading and vegetation trimming to
erect the gates/fence along the agreed lines in a satisfactory and workmanlike manner.
4.15.10
The fence shall be so erected that on completion it is true to line and level as specified.
4.15.11
Unless otherwise specified the top line of the fence shall follow approximately the profile of
the ground. In cases where the fencing encloses a surface area, the top of the fence shall
be parallel to the surface of that area.
4.15.12
The main posts shall be provided and set in the ground as indicated on the Contract
Drawings.
4.15.13
Post hole signs to be set out as instructed by the Employer. After instruction of the post the
hole shall be filled with concrete which shall be well rammed as the filling process.
4.15.14
Barbed wire shall not be used on any of HCA’s Land Holding unless specially instructed by
the Employer.
M/73
November 15
Appendices:
M/74
November 15
APPENDIX A
Landscape Maintenance Treatment Codes which are not currently applicable to Planned Works
within NL437 Telford Town Sites Term Landscape Maintenance & Cleansing 2016 – 2019 have
been greyed out for ease of reference.
WEED CONTROL
W1
W2
W3
W4
W5
W6
W7
W8
W9
W10
W11
Weed control in shrub beds, grass areas, footpaths and bridleways, car
parks, hardstanding and hard features
Weed control at hard features
Weed control in herbaceous/annual beds and borders
Weed control to trees in grass/hard standing
Weed Control in Rivers and Ditches
Localised, species specific woody weed control
Broadleaved weed control
Dock Control
Ragwort Control
Weed Control Autumn Cleanse
Grass Edge Treatment
GRASS CUTTING
G1
G2
G3
G4 A
G4 B
G4 C
G4D
G5
G6
G7
G8
Fine Grass
Short Grass
Rough Grass
Long Grass – 1 cut
Long Grass – 2 cuts
Long Grass – 1 intermittent cut (year specified)
Long Grass – Ecological Bias
Haylage
Wildflower & Nature Conservation areas
Bulbs in Grass
Grass Cutting to Pound Lane
SITE INSPECTION AND REPORTING
I1
I2
I3
I4
I5
I6
I7
I8
Daily Inspection and Report
Weekly Inspection and Report (to Play Area)
Fortnightly inspection and Report
Monthly Inspection and Report (including Play Area)
8 Weekly inspection and Report
Quarterly inspection and Report
Six Monthly inspection and Report
Annual inspection and report (to Play Area)
CLEANSING
C1
C2
C3
C4
C5
C6
C7
C8
C9
Daily Cleanse
Weekly Cleanse (to Play Area)
Fortnightly Cleanse
Monthly Cleanse
8 Weekly Cleanse
Quarterly Cleanse
6 Monthly Cleanse
Annual Cleanse
Litter Bins
Appendix A
Treatment Codes
HEDGE CUTTING
H1
H2
H3
H4
H5
One side only
One side and top
Both sides
Both sides and top
Dome
INDIVIDUAL TREES
T1
T2
T3
T4
T5
T6
T7
Regulative Pruning
Crown Pruning to allow access
Epicormic Growth Removal
Additional Pruning Requirements
Pruning of deadwood, Damaged and Diseased Wood
Maintenance of Tree Ties, Stakes, Guards and Mulch
Pleached Limes
SHRUB MAINTENANCE
O1
O2
Ornamental Shrub and Ground Cover Pruning
Coppicing; year specific and/or %
HERBACEOUS PLANTING MAINTENANCE
B1
Herbaceous Planting Maintenance
AQUATIC PLANTING MAINTENANCE
A1
Aquatic Planting Maintenance
GULLY CLEANSE
G1
Gully Cleanse
Appendix A
Treatment Codes
APPENDIX B
Pesticide Use Record
SAMPLE: PESTICIDE USE RECORD
CONTRACTOR
CONTRACT:
Operator
(name and
address)
Date
Product and reason for use
(disease/weed/pest)
- specify substances used
Volume of
product
Quantity of
product
Intended rate of
application
Location and
area sprayed
Crop, variety,
growth stage
Spraying Time
Start
Finish
No of
tanks
Weather, soil
conditions - notes
Other details eg sickness and
details of exemption certificates
Appendix B
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Appendix B
APPENDIX C
KPI Audit Inspection Form
AUDIT INSPECTION FORM
LC:
Contractor:
Invoice Month:
Supervising Officer:
Maintenance Requirements
Operation Required
Quality
Comments
Grass Cutting
Grass Specifications
(G2, G4A)
Hedging
Hedge Specifications
Weed Control
Weed Control in Shrubs Beds,
Grass Areas, Footpaths,
Hard Features
Bollards, fences, Gateways, Signs,
Bins,benches etc
Trees in Grass
Pruning & Coppicing
Shrub & Tree general
(inc; profiles, dead trees/shrubs)
Epicormics
Stakes/Ties
Cleansing Specifications
Litter Collection
(Throughout site)
Bins/Dog Bins
(Emptying, washing etc)
Woodland Cleanse
(Winter)
Healthy and Safety
(PPE, traffic mgmt)
Paperwork
(Records, invoices)
Unplanned Works
(self explanatory)
Quality:
3 - Expected
2 - Satisfactory
Below Expected 1 - Unacceptable
1 - Unacceptable
Signed:
Ref: Appointment of Landscape Contractor, 3.1
Marking %
85% - 100 % Expected
65 - 85% Below Expected
Below 65% Unacceptable
Appendix C
KPI Audit Form
APPENDIX D
HCA Ref No
HAZARD NOTIFICATION FORM
Contract:
Issue Date:
Sheet
of
Under the terms of the Appointment of Landscape Contractor, the following hazard(s) are
notifiable:
Site Location:
Description of Hazard:
Appendix D
Signed: ……………………………………………..
Appendix D
APPENDIX E
HCA Ref No
UNPLANNED WORK REQUEST FORM
PART 1 – To be completed by the Supervising Officer
Site Location
Description of work required
Photo
Completion date
PART 2 – Quotation to be completed by the Contractor
To complete the work has detailed above the following quotation is provided:
Quotation based on Unplanned Works rate as per the Contract:
£
.
p
Quotation based on other (works outside remit of Unplanned works schedule)
£
.
p
Signed on behalf of the Contractor
Date
PART 3 – To be completed by the Supervising Officer
Authority for the work is *NOT APPROVED/APPROVED/APPROVED subject to the following
conditions set out below
Signed ______________________
On behalf of H.C.A
Date ___________________
Comments
Appendix E
APPENDIX F
HCA Ref No
WRITTEN INSTRUCTION NOTICE
Contract:
Issue Date:
Sheet
of
Under the terms of NL437 Telford Town Sites Term Landscape Maintenance & Cleansing
Contract 2016 – 2019 the following instructions are issued:
Item:
Location / Works Required:
Signed: ……………………………………………..
Appendix F
APPENDIX G
HCA Ref No
IMMEDIATE RECTIFICATION NOTICE
Contract:
Date of Notice:
Signed:
Under the terms of NL437 Telford Town Sites Term Landscape Maintenance & Cleansing
Contract 2016 – 2019, Appointment of Landscape Contractor (see section 3.1.6) work as
listed below has not been completed in accordance to treatment specification as detailed in
the Maintenance Specifications and/or as requested in written or verbal directions (dated
……………..). The Contractor is thereby in breach of Contract, consequently this Immediate
Rectification Notice has been issued.
Please ensure works are completed to the Homes and Communities Agency and its
Representative’s reasonable satisfaction by the dates listed below. Failure to do so will result
in the indicated penalty being applied.
Location.
Works required.
Penalty that will be
applied.
Date that works
need to be
completed.
Note: the S.O. has the right to change the penalty as applied as situations dictate.
Appendix G
APPENDIX H
Site Inspection Report
SAMPLE
CONTRACT:
MONTH:
INSPECTION REPORT – Site No.:
Condition
(Good/ ok/
poor)
Boundary and Site
Security
Fencing
Gates
Cleansing
Operations
(Flytipping / Litter)
Woodlands
Grass Areas
Shrubs and Hedges
Trees (inc. Staked
Trees)
Buildings
Comments and Observations*
Recommended action
Hard Landscape
Features
Health & Safety
Water Features
Any Other Issues
INSPECTOR’S SIGNATURE
*
DATE:
Please insert the words 'No Hazards Observed' in this column if there are no safety issues to report.
[
APPENDIX 2
Contract Drawings
APPENDIX 3
Appointment of Landscape Contractor relating to NL437 Te;lford Town Sites Term Landscape
Maintenance & Cleansing Contract 2016 - 2019
1.
The definitions within the Contract Terms and Conditions should be read as the following:

Contractor – Supplier

Employer – the HCA
[This page has been intentionally left blank for double-sided printing]
Appointment of Landscape Contractor
Relating to Telford Town Sites Term Landscape Maintenance and Cleansing Contract 2016 - 2019
(Contract Number: NL437)
Dated
(Employer)
**
(Contractor)
C/1
November 15
[This page has been intentionally left blank for double-sided printing]
C/2
November 15
Appointment of Landscape Contractor
Dated
Between
(1)
Homes and Communities Agency whose principal office is at Arpley House, 110 Birchwood
Boulevard, Birchwood, Warrington, WA3 7QH (the Employer); and
(2)
[**
] (Company Number: [**
] (the Contractor).
]) whose registered office is at [**
Recitals

On [**
this Contract.

The Employer wishes to appoint the Contractor to carry out the Works on the terms and
conditions set out in this Contract.

The Contractor shall carry out and complete the Works in accordance with this Contract and the
Contract Documents.
], the Employer issued the Form of Tender in anticipation of the completion of
IT IS AGREED as follows:
2.
Definitions
1.1
In this Contract the following words and expressions shall have the following meanings save
where the context otherwise requires.
Agent
A third party authorised or delegated to perform work or to in some other way transact business
for either the Employer or the Contractor.
Agreed Access
The route through the Site from the public highway to the working area which the SO has
agreed with the Contractor as appropriate for use during the works by the Contractor's work
equipment, by work equipment hired by the Contractor and by suppliers' vehicles.
Appendix
The appendices forming part of the Maintenance Specification.
Arisings
Those things which appear as a result of the Works, including, without limitation, Debris and
Produce.
Audit
A system of inspections taking place at the intervals prescribed in the Maintenance
Specification during the Contract Period allowing the Employer to ensure that the standard and
C/3
November 15
quality of the workmanship required by the Contract and Contract Documents is maintained
throughout the Contract Period.
Audit Inspection Form
The audit inspection form set out in Appendix C of the Maintenance Specification (Appendix 1).
Bank Holidays
Has the meaning given by Section 2 of the Banking and Finance Dealings Act 1991.
CDM
Construction (Design and Management) Regulations 2015
CHAS
Contractor Health and Safety Assessment Scheme to which all contractors engaged by the
Employer must be members.
Commencement Date
The first day of the Contract Period.
Confidential Information
Information:
i.
which is not in the public domain and which incorporates information as to the Employer's
or the Contractor's business and affairs, commercial or strategic planning, intentions,
modus operandi, finances;
ii.
disclosed by the Employer or the Contractor to the other or which the Employer or the
Contractor receives from any third party at the election of, or for the benefit of, the other;
iii.
all documents, advice, data, proposals, projects, plans and specifications which are
created by the Contractor in the course of the Contractor's performance of the Contract
or at the direction of the Employer.
Contract
This Contract entered into between the Employer and the Contractor including any Appendices
and/or Schedules hereto.
Contract Administrator
Any Contract Administrator appointed by the Employer in respect of the Works and whose
identity is notified to the Contractor from time to time.
Contract Area
The area within which the Works shall be carried out, being all the lettered or otherwise
specified sub-compartments on the Contract Drawings.
Contract Documents
Collectively the Contract Drawings, Maintenance Specification, the Schedule of Works and
Schedule of Unplanned Works.
Contract Drawings
The Contract Drawings are as follows:
Landscape Maintenance and Cleansing Specification Plans
C/4
November 15
G.5060.NL437.049 TF074, TF075 & TF076 Crackshall Lane, Rev0, 17.09.2015
Contract Invoice
An invoice submitted by the Contractor pursuant to clause 9.2.
Contract Period
The Initial Term together with any extension to the Initial Term made pursuant to clause 2.2.3.
Contract Sum
£[**
] exclusive of VAT as adjusted from time to time in accordance with clauses 9.1
and 9.6.
C/5
November 15
Contract Variation
Any variation to the scope of Works instructed by the Employer pursuant to clause 9.6
Controlled Waste
Household, industrial and commercial waste or any such wastes that require an environmental
permit for treatment, transfer or disposal.
Coppicing
The pruning of a tree or shrub, such as dogwood, elder, rose or willow, near to ground level to
result in the production of a quantity of vigorous basal shoots.
Debris
Those things of little or no value which appear as a result of the works, for example grass
cuttings, general tree or shrub pruning’s, damaged nails, off-cuts from tree ties and off-cuts
from tree stakes.
Declaration of Interest
The declaration of interest signed by the Contractor and provided to the Employer pursuant to
the invitation to tender for this Contract.
Defective Works
Works carried out by the Contractor which are not in accordance with the terms of this Contract
and/or the Contract Documents.
EIR
The Environmental Information Regulations 2004.
FOIA
The Freedom of Information Act 2000 and any subordinate legislation made under this Act from
time to time together with any guidance and/or codes of practice issued by the Information
Commissioner in relation to such legislation.
Force Majeure Event
War, strike, lockout (other than a strike or lockout which is limited to the Contractor's personnel
or occurs within any of the Contractor's holding companies or subsidiaries (within the meaning
of section 736 of the Companies Act 1985 as amended by section 144 of the Companies Act
1989) or in any other company in which the Contractor or any such holding company or
subsidiary holds more than 25% of the issued equity share capital (as defined by section 744 of
the Companies Act 1985), civil disorder, Act of God.
Form of Tender
The tender submission price form set out at Part B, Form B5.
General Change of Law
A change in law which comes into effect after the Commencement Date, where the change is of
a general legislative nature (including taxation or duties of any sort affecting the Contractor) or
which would affect or relate to a comparable supply of services of the same or a similar nature
to the supply of the Services.
Grass
All herbaceous plants in the sward in the sub-compartment, such as grasses, clover, wild
flowers and other species, and also root suckers and self-set trees if present.
Hay Making
The requirement to cut, allow to dry; turn and then to gather up grass, the grass may or may not
be valuable as hay.
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Hazardous Waste
Hazardous Waste is defined as a waste that has one or more of the fifteen specified hazardous
properties listed in Annex III to the Waste Framework Directive (Directive 2008/98/EC).
Health and Safety Manager
Mark Dabell of Homes and Communities Agency, Woodlands, Manton Lane, Manton Lane
Industrial Estate, Bedford, MK41 7LW. Telephone: 01234 24 2578 (office), 07810 181476
(mobile), e-mail [email protected].
An immediate notice of instruction issued by the Employer pursuant to clause 9.7.1 in
circumstances of material default requiring certain listed works to be performed by the
Contractor for the Contract Area within the time period stated in the notice.
Information
Has the meeting given under section 84 of FOIA.
Initial Term
01/02/2016 to 31/01/2018 inclusive.
Intellectual Property Rights
Includes without limitation all rights to, and any interests in, any patents, designs, trademarks,
copyright, know-how, trade secrets and any other proprietary rights or forms of intellectual
property (protectable by registration or not) in respect of any technology, concept, idea, data,
program or other software (including source and object codes), specification, plan, drawing,
schedule, minutes, correspondence, scheme, formula, programme, design, system, process
logo, mark, style or other matter or thing, existing or conceived, used, developed or produced
by any person.
Key Performance Indicators, (KPI)
The performance related goals set out in Appendix C and their assessment criteria set out in the
Maintenance Specification.
Leisure Route
Typically composed of a tar spray and a chip surface dressing with timber treated edging boards.
The surface may also include block work. Any references to the leisure route shall also include
mention of steps along the route, pads underneath street furniture and signage. Unless
otherwise stated, the leisure route is not adopted highway.
Litter
All items of refuse such as sweet wrappers, cigarette butts, drink cans, shopping bags, garden
debris and the like which have been dropped or dumped on the Site or which may blow into the
site from outside the Contract Area.
Local Authority
Telford & Wrekin Council
Maintenance Specification
The Employer's detailed requirement for the standard of landscape maintenance to be
achieved by the Contractor throughout the Contract Period.
Mobile Elevated Works Platform
A working platform (sometimes referred to as MEWP) which must conform to current health and
guidelines pursuant to clause 8.2.11.
Operative
Person engaged to perform the Works for the Contractor, whether directly employed by the
Contractor or subcontracted to him.
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OHSAS 18001
OHSAS 18001 is the internationally recognised assessment specification for occupational
health and safety management systems. The assessment specification promotes a safe and
healthy working environment by providing a framework that allows organisations to consistently
identify and control health and safety risks, reduce the potential for accidents, aid legislative
compliance and improve overall performance.
Pesticide
Has the meaning within the Code of Practice for using Plant Protection Products 2006.
Principal Designer
Any Principal Designer appointed by the Employer in respect of the Works and whose identity is
notified to the Contractor from time to time.
Produce
Those things which appear as a result of the Works and which the Employer has identified in
the tender documents as being of value, for example sound timber, some particular tree or
shrub pruning’s, woodchips.
Records
Such information created, received and maintained relevant to the Contract by the Contractor
including, but not limited to, operational work management plans, drawings, schedules,
inspection and spraying forms, certification and insurance details.
Regulation Authority
The Environment Agency or any replacement regulatory authority.
Regulatory Bodies
means those government departments and regulatory, statutory and other entities, committees
and bodies which, whether under statute, rules, regulations, codes of practice or otherwise, are
entitled to regulate, investigate or influence the matters dealt with in this Contract or any other
affairs of the Employer and "Regulatory Body" shall be construed accordingly.
Schedule
The schedules included within Part B, Form B4 and provided digitally as part of the Invitation to
Tender.
Schedule of Unplanned Works
The schedule of additional works which the Employer may request the Contractor to perform
pursuant to clause 3 as set out in Part B, Form B4 and provided digitally as part of the Invitation
to Tender.
Schedule of Works
The works which the Employer requires the Contractor to carry out pursuant to the terms of this
Contract as set out in the Maintenance Specification (Appendix 2).
Senior Executives
Means [**
] for the Employer and [**
] for the Contractor.
Services
The landscape maintenance services to be provided by the Contractor in connection with the
Works as more properly described in the Maintenance Specification and any Contract
Variations made to thereto in accordance with clause 9.6.
Site
The location within the Contract Area made available to the Contractor as shown on the
Contract Drawings or otherwise identified to the Contractor by the SO.
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Site Assessment Form
An example of a Site Assessment Form to be prepared by the Contractor is reproduced in
Appendix H of the Maintenance Specification (Appendix 1).
SO
The supervising officer who shall be a nominated employee of RSK Environment Limited or any
other person as the Employer may nominate from time to time.
Specific Change of Law
A change in law which comes into effect after the Commencement Date that relates specifically
to the business of the Employer, and which would not affect a comparable supply of services of
the same or a similar nature to the supply of the Services.
SSIP
Safety Schemes in Procurement.
Statutory Requirements
Any statute, any statutory instrument, rule, order or regulation made by Parliament or any byelaw made by a Local Authority or any Regulation, Directive or Decision of the European
Community. In this Contract references to Statutory Requirements include any statutory
modification or re-enactment thereof for the time being in force.
Street Furniture
Structures like lamp columns, road signs, street name signs, benches, bins, bollards and the
like; items which relate to the use of the highway rather than its construction
SUDS
Sustainable Urban Drainage Systems.
Treatment Code
The notation used on Contract Drawings and Schedule of Works (Form B4) to indicate the
Employer's required Maintenance Specifications.
Unit Rate
The unit rate per item set out in the Schedule of Works (Form B4).
Unplanned Works
Those works set out in the Schedule of Unplanned Works (Form B4) as required by the
Employer in accordance with clause 3.1.
Unplanned Works Orders
An instruction in the form set out in Appendix E of the Maintenance Specification (Appendix 1)
issued by the Employer pursuant to clause 3.1 requiring the Contractor to carry out Unplanned
Works.
Weed
A plant (including its root system) growing in a place where it is not required by the Employer,
such plant may be an annual or perennial, with or without secondary thickening, for the
avoidance of doubt the SO shall determine in his absolute discretion what is a “weed” in cases
of doubt.
Work Equipment
Everything used in the performance of work, including hand tools, machinery and plant of all
kinds, including all the consumable stores, fluids, materials, safety equipment and transport
required for the use of the work equipment for the proper completion of this Contract.
Works Instruction
An instruction from the Employer requiring certain listed works to be performed by the
Contractor within the Contract Area within the time period stated within the Notice.
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Works
The landscape maintenance work carried out at the Contract Area, as set out in Part B, Form
B4 and provided digitally as part of the Invitation to Tender, together with any Unplanned Works
required by the Employer which the Contractor carries out pursuant to clause 3.1.
A notice of instruction issued by the Employer pursuant to clause 9.7.1 requiring certain listed
works to be performed by the Contractor for the Contract Areas within the time period stated in
the notice.
Abbreviations
lin m.
m
mm
m²
g
- linear metre (s)
- metre (s)
- millimetre (s)
- square metre (s)
- gram
ha
gm
No
kg
- hectare (s)
- gram (s)
- Number
- kilogram
1.2
This Contract shall be governed by and construed in accordance with the law of England and
Wales.
1.3
Any reference to person, firm or company includes any entity which has legal capacity.
1.4
Any term importing gender includes any gender.
1.5
Any term importing the singular number includes the plural number and vice versa.
1.6
Clause headings are for convenience only and do not form part of or affect the interpretation of
this Contract.
1.7
Any reference to any clause is a reference to that clause of this Contract.
1.8
If any provision of this Contract is held invalid, illegal or unenforceable for any reason by any
court of competent jurisdiction, such provision shall be severed and the remainder of the
provisions of this Contract shall continue in full force and effect as if this Contract had been
executed with the invalid, illegal or unenforceable provision eliminated.
2
Preliminaries
2.1
Location
2.1.1
The location of the Works in this Contract is within the Contract Area which is owned by the
Employer.
2.1.2
The overall management of the Contract Area remains the responsibility of the Employer and
any operation may be performed within the Site at any time, either by the Employer or any other
agency.
2.2
Contract Details
2.2.1
The Contractor shall carry out the Works and provide the Services during the Contract Period
exercising all the reasonable skill, care and diligence to be expected of a competent landscape
maintenance contractor experienced in carrying out services and works of a similar size, scope,
nature and complexity to the Services and the Works and in accordance with:
(a)
the terms of this Contract and the Contract Documents; and
(b)
all Statutory Requirements; and
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(c)
any instructions of the SO acting reasonably and in good faith.
2.2.2
In consideration of the Contractor carrying out the Works the Employer shall pay the Contract
Sum in accordance with clause 9 of this Contract.
2.2.3
The Employer shall have the option to extend the Initial Term for a period of up to 1 year by
giving written notice to such effect to the Contractor no later than 5 months prior to the expiry of
the Initial Term.
2.2.4
The Employer may by notice to the Contractor require the novation of this Contract to a new
employer and the Contractor shall within 15 working days of such notice execute and deliver to
the Employer a novation agreement in the form set out at Annex 1 to this Contract.
2.3
Quantity of Work
2.3.1
The Employer is gradually disposing of its estate and, accordingly reserves the right to remove
all or part of its land portfolio from the Contract Area at any time during the Contract Period as
necessary, subject to one month’s notice being given to the Contractor prior to such action.
2.4
Mistakes in Information
2.4.1
The Contractor shall be responsible for the accuracy of all drawings, documentation and
information supplied to the Employer by the Contractor in connection with the Works and shall
pay the Employer any extra costs occasioned by any discrepancies, errors or omissions
therein.
2.5
Dimensional Accuracy
2.5.1
Before commencing any part of the Works, the Contractor shall check that all dimensions
shown in the Contract Documents are correct. The Contractor shall check and satisfy himself
that the various parts and maintenance regimes fit satisfactorily together, and are compatible in
relation to existing physical features. The Contractor shall ensure that checking is commenced
sufficiently in advance of the Works to allow for corrections and approvals. The Contractor shall
be fully responsible for ascertaining the correctness of all dimensions relating to the Works and
neither the Employer nor the SO accepts any liability whatsoever for any errors in the Contract
Documents.
2.6
Description of the Works
2.6.1
The SO may instruct the Contractor to make ad hoc Site visits at short notice to report on
specific problems relating to the Works, for instance in response to complaints from the public.
The Contractor shall respond to such instructions as quickly as possible within twenty-four
hours, depending on the nature of the problem.
2.6.2
The Employer reserves the right to prepare additional specifications for this Contract in
accordance with clause 9.6 Variations which will form part of the Contract Documents.
2.7
Objective of the Works
2.7.1
Where part of the Contract Area is land awaiting development, the Contractor shall notify the
Employer as and when he becomes aware of any circumstances which, in his reasonable
opinion, would prevent the land being kept open.
2.7.2
All problems and damage which is evident in the Contract Area shall be identified and
described in detail by the Contractor in order that the Employer in its absolute discretion can
(but shall not be obliged to) give instructions for rectification at the earliest stage.
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2.7.3
The Employer’s maintenance requirements set out in the Contract Documents are generally
given as quality standards, which the Contractor is required to meet for the Contract Period.
Exceptions may be made in the Employer's absolute discretion.
2.7.4
The Contractor shall be responsible for all aspects of the Works, Services and job organisation,
the techniques to be employed and their appropriate sequence in order to comply with the
standards in the Maintenance Specification.
2.8
Standards of Materials and Workmanship
2.8.1
Method statements and risk assessments for each operation detailed in the Maintenance
Specification must be supplied by the Contractor to the SO for approval prior to the
commencement of that aspect of the Works.
2.8.2
Where a British Standard exists for materials to be used in the Works, unless otherwise stated,
the minimum requirements of the latest standard shall apply and the Contractor shall comply
accordingly.
2.8.3
All work shall be carried out by workmen appropriately qualified to carry out the Works. Where
British Standard Codes of Practice exist the Works are to be carried out in accordance with the
latest Code and the Contractor shall comply accordingly.
2.8.4
In relation to the materials used in the Works, the Contractor must comply with any relevant
national or governmental standard of any member state of the European Communities, or any
relevant international standard recognised in such a member state, provided that in either case
the standard in question offers guarantees of safety, suitability and fitness for purpose
equivalent to those offered by the standard which is specified in the Maintenance Specification.
2.8.5
When any material or article is required to comply with a British Standard, such material or
article or its container shall bear the stamp of the registered certification trademark of the British
Standards Institution. Alternatively, the Contractor shall submit to the SO prior to Works
commencing on Site test certificates furnished by the supplier or manufacturer of the material or
article indicating compliance with the relevant British Standard.
2.8.6
Where the Contractor is using timber for the execution of the Works, the Contractor is required
to comply with the Timber Procurement Policy published by the Department for the
Environment, Food and Rural Affairs first published on 1 June 2013 as updated from time to
time in order to prove that the timber comes from a legal and sustainable source. The parties
will agree in writing at the outset of this Contract whether the Contractor will be required to
provide Category A or Category B evidence of the legal and sustainable source, in the absence
of such agreement Category A will apply, which may be amended to Category B by the SO in
his absolute discretion at the reasonable request of the Contractor.
2.8.7
As soon as possible after the date of this Contract, the Contractor shall submit to the SO a list
of the suppliers from whom he proposes to purchase the materials necessary for the execution
of the Works. Each supplier must be willing to admit the SO, or his representative, to his
premises during ordinary working hours for the purpose of obtaining samples of the materials in
question. Alternatively, if required by the SO, the Contractor shall deliver the samples of the
materials to the SO’s office. Samples shall be taken in accordance with the relevant British
Standard where applicable. Materials subsequently supplied by the Contractor and/or the
Contractor's suppliers shall conform, within any specified tolerances, to the quality of samples
which have been approved by the SO.
2.8.8
The Contractor shall notify the SO at least seven working days beforehand of all intended
deliveries to Site of plant material, soil, fertilisers, fencing materials, paving and the like and of
their composition and shall make the material available for the SO's inspection at the point of
delivery.
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November 15
2.9
Performance Bond or Parent Company Guarantee
Upon the Employer’s request (and in the Employer’s sole discretion) the Contractor will procure
and deliver to the Employer either a performance bond in a sum equal to 10% of the Contract
Sum or a guarantee of the Contractor’s obligations and liabilities hereunder duly executed as a
deed by his ultimate parent company in a form to be approved by the Employer (acting
reasonably)
2.10
Instructions
The SO may issue instructions and the Contractor shall forthwith comply with any so given or
confirmed. If instructions are given orally the SO shall, within two days, confirm them in writing.
3
Key Performance Monitoring and Instructions
Objective: To ensure that the Works are being carried out as required.
3.1
Key Performance Indicators (KPI)
3.1.1
The Employer will measure the Contractor's performance of the Services on the quality marking
scheme set out in this clause 3.1 and the Audit Inspection Form. Each KPI set out on the Audit
Inspection Form must be carried out by the Contractor pursuant to the terms of the
Maintenance Specification and will be marked by the SO accordingly.
3.1.2
In accordance with the frequency set out in the Maintenance Specification, the SO (in his
absolute discretion) will exercise his professional judgement to determine whether or not the
Contractor has achieved the KPIs listed on the Audit Inspection Form.
3.1.3
The KPI performance measurement carried out by the Employer shall be an indicator as to
whether the Employer shall be entitled, pursuant to clause 9.2.7, to withhold payment for some
or all of the calendar month’s work in which the KPI performance measurement assessment
has been carried out.
3.1.4
The marking system used by the Employer to assess the Contractor's performance of each KPI
in any period of assessment will be as follows;
(a)
(b)
(c)
Expected performance as against the Maintenance Specification – Score 3
Below Expected performance as against the Maintenance Specification – Score 2
Unacceptable performance as against the Maintenance Specification – Score 1
3.1.5
If the Contractor believes that a specific KPI is not relevant to a particular period of assessment
(and so should not be included in the SO's assessment of KPIs for that period), he shall notify
the SO in good time so that the SO can, having due regard to the Maintenance Specification,
advise whether or not that particular KPI will be assessed at that time.
3.1.6
Once the Employer has carried out his KPI assessment, he shall add up all of the scores
awarded pursuant to clause 3.1.4 and calculate what this total represents as a percentage of
the maximum score the Contractor could have been awarded had he scored "Expected – 3" for
each of the KPIs relevant to that particular period of time. The resultant percentage score shall
have the following consequences:
(a)
85 – 100%
Expected
An Expected mark by the Contractor will (subject always to clause 9.2.7) result in the
full invoice payment by the Employer with no written instructions of snag list for the
specific calendar month in which the KPI performance measurement assessment has
been carried out.
(b)
65 – 85%
Below Expected
A Below Expected mark by the Contractor will nonetheless (subject always to clause
9.2.7) allow for the invoice payment by the Employer for that specific calendar month in
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which the KPI performance measurement assessment has been carried out. However,
alongside this invoice, the SO will issue a Written Instruction Notice (refer to Appendix
F) containing a snag list of actual failings by the Contractor with regards to
uncompleted Works for the Contract.
All outstanding works must be corrected by the Contractor prior to the next KPI Audit
undertaken by the SO. If the Contractor does not complete the Works listed in the
Instruction Notice issued by the SO within the time required, then an Unacceptable
mark will be placed against next month’s KPI Audit, as follows;
(c)
Below 65%
Unacceptable
An Unacceptable mark by the Contractor will result in the Employer withholding
payment pursuant to clause 9.2.7 for that specific calendar month in which the KPI
performance measurement assessment has been carried out. The Contractor will be
issued with an Immediate Rectification Notice for works requiring to be done by an
effective date issued by the SO (refer to Appendix G of Maintenance Specification).
If the Contractor does not rectify the outstanding Works specified in the
Rectification Notice immediately as per the Immediate Rectification Notice
SO’s opinion the situation continues in the second consecutive month, a
recharge works team will be brought in by the SO and charged back to the
as a debt due.
Immediate
and in the
third party
Contractor
If the Contractor does not rectify all issues pertaining to an Unacceptable mark against
the KPI assessment criteria for a third consecutive month, then the Employer shall be
entitled to terminate this Contract in accordance with clause 10.1.
3.1.7
When carrying out the Works and performing the Services it is a requirement for the Contractor
to maintain a high standard of quality of workmanship
3.1.8
As a benefit of meeting the KPIs, the Contractor may (but shall not be entitled to) be given the
opportunity to undertake Unplanned Works within the Contract Area as and when they arise.
Exceptions may apply if the works required are of a specialist nature and/or require a specific
provision (in which case the SO will not be solely reliant on the Contractor to undertake the
works). However, insofar as is reasonable to do so, the Contractor will be given first refusal to
price against any Unplanned Works within the Contract Area. Such works will be instructed by
the SO as follows:
(a)
The SO shall discuss the proposed Unplanned Works with the Contractor to determine
whether or not the Contractor is prepared to undertake the works;
(b)
If, after discussions with the Employer, the Contractor wishes to undertake the
proposed Unplanned Works he shall price against the submitted Schedule of Works –
Unplanned Rates Schedule B4; and include within his price the Contractor’s best
estimate (which shall not be subject to later adjustment) of any direct loss and/or
expense which the Contractor will incur due to the regular process of the Works being
affected by compliance with any Unplanned Works Order issued pursuant to clause
3.1.8(d);
(c)
The Employer shall review the Contractor's price for the Unplanned Works and in its
absolute discretion decide whether or not to accept the tendered price. If the
Contractor either submits a cost estimate or an invoice to the Employer in respect of
Unplanned Works which contains a price in excess of the rates in Schedule B4 for the
Unplanned Works required without prior discussion with the SO, the SO is under no
obligation to direct works to be undertaken and may choose to seek a third party to
carry out the Unplanned Works or withhold payment in accordance with clause 9.2.7
(as appropriate);
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(d)
If the Employer accepts the Contractor's price for the Unplanned Works pursuant to
paragraph (c) above, the SO shall issue an Unplanned Works Order which shall include
specific commencement and completion dates. For each Unplanned Works Order the
Contractor shall provide a method statement, risk assessment and programme of
works no later than 10 days after receiving the Unplanned Works Order from the
Employer. The programme shall indicate when the SO is required to attend Site
meetings proposed by the Contractor;
(e)
The Employer shall review the information provided by the Contractor pursuant to
paragraph (d) above and (acting reasonably) confirm in writing his agreement to it.
Upon receipt of the Employer's approval, the Contractor shall carry out the Unplanned
Works accordingly. In the event the Employer does not agree any aspect of the
information provided by the Contractor pursuant to paragraph (d) above, the Employer
shall notify the Contractor accordingly and the Employer and the Contractor shall work
together (both parties acting reasonably) to agree appropriate revisions to the
Contractor's information so that the Employer can give his approval for the Unplanned
Works to commence.
3.1.9
The agreed price of any Unplanned Works carried out by the Contractor pursuant to clause
3.1.8 shall be added to the Contract Sum and be paid in accordance with clause 9.
3.2
Programmes of Work
3.2.1
The Contractor shall keep the SO informed in advance of all occasions when Works are to
proceed under this Contract.
3.2.2
The Contractor shall submit to the Employer weekly during the Contract Period, a maintenance
programme for the Contract Area which shall show at least the activities listed under the
following sub-clauses in order that progress and resources can be monitored. The programme
shall detail the proposed plant and labour resources to be employed upon the Sites for each
operation.
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
Cleansing (including litter and dog bins)
Weed Control
Operations to grass
Shrub, herbaceous maintenance
Tree maintenance
SUDS maintenance (where applicable)
Hedge cutting
Other specified operations to Employer owned sites
Play Area maintenance
Playing Fields maintenance
3.2.3
The Contractor shall give a minimum of 24 hours’ notice to the SO of any change to a
maintenance programme. Any such change shall be agreed with the SO in writing.
3.2.4
The Contractor shall ensure a weekly schedule arrives with the SO no later than 12.00pm on
the first working day of each week during the Contract Period. The schedule shall review works
completed in the previous week and detail operations planned for the current week, including
dates and operatives involved and contact details for the Site foreman.
3.2.5
Where the Maintenance Specification requires that the SO inspects or gives approval to
materials or work methodologies, the Contractor shall request this from the SO in a timely
manner, with sufficient notice for the SO to respond.
3.3
Meetings
3.3.1
The Contractor shall attend regular progress meetings with the Employer or SO. Meetings shall
take place Bi-Monthly to review performance to provide full review/appraisal. As the landscape
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quality progresses and the Contractor gains more experience with the works required, these
meeting times may vary depending on the SO’s requirements.
a) Bi-Monthly
The Contractor is to submit an agenda at least 10 days prior to the meeting. The Bi-Monthly
progress meeting will be attended by the representatives of the Employer and the Contractor's
representative and his manager. This meeting will be used to discuss:




Any outstanding issues not resolved at the last meetings;
Quality management system improvements;
Contract administration improvements; and
Overall performance review to date.
This meeting will take place at the Employer's offices in Bedford or at a location
designated by the SO and with approval of the Contractor.
3.3.2
The principal of the Contractor's company or an appropriate senior manager of the Contractor's
company shall make visits to the Contract Area as required by the SO particularly in view of any
quality control issues that may have arisen during the Contract Period. The standards of
maintenance being achieved throughout the Contract Area shall be discussed by the
Contractor and the SO with reference to the Contract Documents.
3.3.3
Prior to the end of each calendar month the Contractor shall complete a Site Assessment Form.
This report must be then submitted with the Contract Invoice for the relevant month.
3.3.4
Other Site meetings shall be held to discuss improvement works (where applicable) and as
required by the SO. The Contractor or Contractor’s agent shall attend these meetings.
4
Objective: to keep the SO and Employer informed about activities and conditions on the Site.
4.1
Requirements: Site Inspections and Reporting
4.1.1
A high standard of Site management by the Contractor is required, and close cooperation
between the Contractor's Site staff and the SO is essential to the operation of the Contract. The
Contractor shall take a pro-active role in managing the Site. This will take the form of a
programme of inspections and preparation of reports by the Contractor. Reports shall be
provided to the Employer to arrive no later than seven calendar days following the relevant date
of inspection set out in the Maintenance Specification. The Contractor shall use his expertise
to determine an appropriate level of Site Management in order for the Contractor to achieve the
scope of Services required, as stated in the Specification (Appendix 1).
4.1.2
Site inspections shall be carried out by the Contractor's foreman or contract manager who shall
be approved by the SO and who shall produce a written report for the Employer in a format
agreed by the SO.
4.1.3
The Contractor shall produce a report for the Employer that includes each relevant sub-section
requiring inspection/monitoring within the Contract Documents as required by clauses 9.5 and
9.8, as evidence that he has inspected the Contract Area in the detailed manner specified
below.
4.1.4
Superficial inspection from a distance by the Contractor is not acceptable and the Contract
Area requires coverage by walking. The inspection shall be carried out by the Contractor
independently of any routine maintenance works which may be in progress. The Contract Sum
includes an allowance of sufficient time for the Contractor's foreman or contract manager to
inspect the Contract Area in detail. Inspections of land awaiting development are to include
walking of all boundaries, frontages and desire lines.
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4.1.5
The Contractor shall immediately notify the Employer of any unsafe features he becomes
aware of when carrying out the Works which may pose a risk to the health and safety of the
public or the Contractor. The SO shall then be entitled (but not obliged) to issue a written
instruction to the Contractor requiring the Contractor to undertake protective or preventative
measures. The Employer and the Contractor shall agree (acting reasonably) to what extent
any such protective or preventative measures warrant an adjustment to the Contract Sum.
4.2
Site Reports
4.2.1
The reports to be prepared by the Contractor pursuant to clauses 4.1.1 and 4.1.3 shall indicate
the following as a minimum:
a)
All matters relating to the operation of the Contract as described in the various sections
of the Maintenance Specification and recommendations for necessary works not
already included within a maintenance schedule.
b)
Incidences of vandalism, fly tipping, storm damage, disease or other Site disturbance,
indicating details of quantities, areas, extent of works and costs which are necessary to
rectify the problem.
c)
Trespass, disturbance, damage, interference by other contractors or third parties,
together with details of damage and a schedule of reinstatement works. Verification of
site security, boundaries, locks on gates, traveller defence bunds etc.
d)
Advance notice of recommended adjustments to the Schedule of Works, whether
changes to timing, nature of works, or quantities of operations in the Contractor's
programme. The Contractor shall take account of the seasonal and weather conditions
affecting the Contract Area in order to make recommendations on adjustments to the
Schedule of Works.
e)
Recommendations in order to achieve good horticultural, arboricultural and silvicultural
practice.
4.2.2
All recommendations made by the Contractor pursuant to clause 4.2.1 shall be considered by
the Employer and, if the Employer wishes to instruct the Contractor to carry out any work to
invoke any of the recommendations, the Employer shall do so in accordance with clause 9.6.
5
Special Conditions
Objective: To ensure the Works are carried out efficiently with minimal disruption.
5.1
Timing of Operations
5.1.1
The Contractor shall perform the Services and carry out the Works in a timely manner to ensure
that all of the Employer's Maintenance Specifications are achieved and maintained throughout
the Contract Period.
5.1.2
The Employer reserves the right to defer or prohibit any operation being proposed by the
Contractor, or to suspend it if it is in progress, if:
a)
the Contractor had not made the SO aware that the operation was in progress; or
b)
in the opinion of the SO the work being proposed or in progress is likely to be
dangerous or damaging to the Site, to wildlife, to adjacent property, to herbaceous
material, shrubs or trees (but excluding weeds), or to members of the public.
c)
the Contract Area is required for another purpose e.g. whilst a park is being
prepared for or used for an event of any description.
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5.1.3
The Contractor shall inform the SO a minimum of forty-eight hours and a maximum of seven
days prior to each intended application of pesticide and detail the locations to which pesticides
are to be applied. The Employer reserves the right to defer or prohibit the herbicide application,
or to suspend it when in progress if:
a)
the Contractor had not made the SO aware that pesticide application was in
progress; or
b)
in the opinion of the SO the work is likely to be dangerous or damaging to the Site,
to plant material other than those to be eradicated or to members of the public.
5.1.4
The Contractor shall seek the permission of the SO (which shall not unreasonably be withheld)
to work weekends or Bank Holidays.
5.1.5
The Contractor shall not use noisy work equipment, for example mowing machines, chainsaws,
chipping machines, before 8.00 a.m. and after 6.00 p.m. without the permission of the SO.
5.2
Access to Sites
5.2.1
Site visits may be made by the Contractor at any time without reference to the Employer. The
Contractor shall be responsible for ascertaining the exact nature of access to the Sites the
extent and nature of the types of work required and all local conditions and restrictions which
will or are likely to affect the execution of the Works and no claim for additional payment arising
because of the Contractor's failure to do so will be considered.
5.2.2
The Contractor shall have free access to the Contract Area for the Contract Period unless he is
instructed to the contrary by the SO.
5.2.3
Access to the Contract Area shall be by public roads or other agreed routes which may be
shown on the Contract Drawings. The Contractor will be responsible for agreeing methods of
access to the Contract Area with the SO and also for ensuring that his own vehicles and those
of subcontractors, suppliers or others employed by him under this Contract use only the agreed
routes.
5.2.4
Where it is necessary to enter or cross land which is not the Employer's property or land which
is in the possession of another party the Contractor shall inform the SO who will make the
necessary arrangements for access.
5.2.5
The Contractor shall ensure that transport directly or indirectly involved in the Works shall at all
times when leaving the Site be in a state of cleanliness to preclude the fouling of public or
private roads adjacent to the Site.
5.2.6
Access to the Site may be through padlocked gates. The Contractor will be given a key as
appropriate. Where it is necessary for the Employer to provide the Contractor with a key the
Contractor shall be required to sign for that key which shall be available for Audit and is
returnable to the Employer upon demand. Should the Contractor be unable to return the key
the Employer shall levy a charge of £50.00 plus VAT to cover the cost of each replacement
key. The Contractor shall close and padlock the gates immediately after each use. At no time
should the gates be either left open or unlocked. If travellers gain access to the Site after a gate
is left open by the Contractor during the course of the Works, the Contractor shall be liable for
any costs incurred in the removal of the travellers, reinstatement of the ground where
necessary and in cleansing the Site once the travellers have vacated it. Any such costs shall
be payable by the Contractor as a debt due to the Employer.
5.2.7
The Contractor shall carry out any necessary works required in order to gain access to the Site
where it is protected by anti-traveller mounds or trenches. At the end of each day these
features shall be reinstated. If travellers gain access to the Site because the Contractor has
not reinstated a mound or trench during the course of the Works, the Contractor shall be liable
for any costs incurred in the removal of the travellers, reinstatement of the ground where
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necessary and in cleansing the Site once the travellers have vacated it. Any such costs shall
be payable by the Contractor as a debt due to the Employer.
5.2.8
The Employer and his representatives or nominees shall at all times have access to the Site
and the Works.
5.3
Services, Offices, Messes, Stores and Workshops for the Contractor
5.3.1
Offices, stores, messes or workshops shall not be brought onto the Site without the prior
express permission of the SO. The location and extent of any Contractor's offices, messes or
stores shall be to the approval of the SO. Any offices, messes or stores situated on or adjacent
to Site shall be removed on completion of the Works.
5.3.2
Any offices, messes or storage areas shall be securely protected by the Contractor to prevent
access / abuse by the public and hazards caused by loose materials or plant.
5.3.3
The Contractor shall be responsible for connection and payment for any services he may
require, such as water, electricity, telephone, etc. Should water be necessary for any work the
Contractor is to make his own arrangements for such supply of water and pay all fees in
conjunction therewith.
5.3.4
The SO requires the Contractor's manager/supervisor to be contactable by mobile telephone at
all times, whether on Site or not. The Contractor shall provide the manager's / supervisor's
contact details as soon as possible following the date of this Contract.
5.4
Liaison with other Contractors on Site
Without an addition to the Contract Sum and/or any negative effect on the programme of Works,
the Contractor shall allow for the presence of other contractors on or adjacent to the Site, who
may be carrying out various works, such as highway and footway maintenance, building
maintenance and works, earthworks, and cleaning contracts.
5.5
Publicity, Site Signage and Identification
5.5.1
The Contractor shall not give any information concerning the Works for publication in the press
or on radio, television or elsewhere without the prior written approval of the SO.
5.5.2
Advertising in any form on or about the Site is prohibited with the exception of the Contractor's
vehicles which must be sign written to a professional standard with the Contractor’s trading
name and description of the Contractor's business and address.
5.5.3
The Contractor must ensure that all Operatives, including sub-contractors on the Site carry
corporate ID at all times and have the company logo on their wear-alls.
5.6
New and Existing Services
5.6.1
The Contractor shall locate, identify and familiarise himself with all existing services on the Site
which may affect the Works. The Contractor shall satisfy himself of the extent and nature of the
services and shall be responsible for the repair of any damage to them caused by the
Contractor or any sub-contractor. When it is necessary to arrange the temporary disconnection
of services it shall be the Contractor’s responsibility to ensure that all necessary arrangements
are made with the said statutory undertakers and shall inform the SO of such arrangements,
and not to allow such time to affect the programme of Works.
5.6.2
The Contractor shall notify the SO when he considers that the Works may affect existing
services. In such cases the SO may instruct, or amend the setting out of the Works as
necessary and the Contractor shall not be entitled to an addition to the Contract Sum in respect
of this.
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5.7
Traffic Safety and Control (Traffic Safety Measures)
5.7.1
Compliance with this Clause 5.7 shall not relieve the Contractor of any of his other obligations
and liabilities under the Contract and under the relevant provisions of the Highways Act.
5.7.2
The Contractor shall ensure all vehicles used in the provision of the Services comply with
speed limits prescribed for carriage roads, but elsewhere vehicles must proceed at walking
pace and give precedence to pedestrians.
5.7.3
Where the Contractor utilises his vehicle within the parkland and residential section of the
Contract Area, it is recommended that the Contractor use the appropriate warning lights on the
vehicle to notify the public of their vehicle movement and usage.
5.7.4
The Contractor shall at all times when carrying out the Works comply with any requirements or
recommendations set out in Chapter 8 of the "Traffic Signs Manual – Traffic Safety Measures
and Signs for Road Works and Temporary Situations” published by Her Majesty's Stationery
Office and any amendments thereof ("the Manual"). In particular, but without limitation, the
Contractor shall provide, erect and maintain such traffic signs, road markings, lamps, barriers
and traffic control signals and such other measures as may be necessitated by the carrying-out
of the Works on or adjacent to public highways, or the Employer's private roads in accordance
with the recommendations contained in Chapter 8 of the Manual. Where the circumstances of
any particular case are not covered by the recommendations the Contractor shall submit
proposals for dealing with such situations to the SO for approval.
5.7.5
The Contractor shall be or have members of staff who have undertaken relevant training and/or
familiarity with traffic safety publications relevant to the Works including HSE publications such
as ‘Guidance for Safer Temporary Traffic Management’ and the HMSO publication ‘Safety at
Street Works and Road Works – A Code of Practice’.
5.7.6
The Contractor shall, after consultation with any statutory or other authority concerned, submit
to the SO for his approval a programme based on such consultation showing the scheme of
traffic management proposed for carrying out the Works before commencing any work which
affects the use of the public highways and thereafter furnish such further details and
information as are necessitated by the Works or as the SO may require.
5.7.7
The Contractor shall not commence any work which affects the public, or Employer's highways
until all traffic safety measures necessitated by the Works are fully operational.
5.7.8
Where there is a requirement for the Contractor to work alongside carriageways with a
permanent speed limit of 50mph or more, the lateral clearance between the edge of the
working space and that of the carriageway being used by traffic should not be less than 1.2m.
Where the working requirement is on roads with a permanent speed limit of 40mph or less than
the lateral clearance should not be less than 0.5m. The contractor should refer to Chapter 8 of
the Manual regarding further guidance on the required working environment needed for
carriageway works.
5.7.9
In carrying out the Works the Contractor shall not cause any unnecessary interference with
traffic along the public highway.
5.7.10 The Contractor shall keep clean and legible at all times traffic signs, road markings, lamps,
barriers and traffic control signals and he shall position, re-position, cover or remove them as
necessitated by the progress of the Works.
5.7.11 The Contractor shall erect any signs, protective fencing, temporary lighting, temporary surfaces,
etc., required to ensure the public have safe and uninterrupted access to and from the Sites
during operating times. Approved warning and hazard signs must be erected at all points
where Works of a hazardous nature are being carried out and unattended machines and plant
must not be left on Site.
5.7.12 Where the Contractor has had to close a footway or part of a footway, the Contractor must
provide an alternative route for pedestrians to allow access to adjacent properties and public
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November 15
areas and buildings. The minimum unobstructed width of 1m should be provided, increased
where possible to 1.5m or more. Where possible the same provision should be applied to the
leisure routes within Employer's green estate landholdings. However, Leisure Routes are not
adopted highway or rights of way and closures can be applied at short notice following
consultation with the SO.
5.7.13 All traffic safety and control measures shall be submitted to, and agreed with, the highway
department of the relevant Local Authority and the SO at least 7 days in advance of the
relevant aspect of the Works commencing, to avoid conflict with other works.
5.7.14 Where appropriate the Contractor shall comply with the requirements of police regulations and
restrictions/directions or instructions concerning the movement of traffic, security and like
matters in and about the Works. The SO must be kept notified of such instances.
5.7.15 The Contractor shall ascertain and comply with the requirements of the appropriate police
authority as to any regulations, restrictions, directions or instructions concerned with the
movement of traffic, security and like matters in and about the works, and shall inform the SO of
the outcome of any discussions.
5.7.16 The Contractor shall comply with the New Roads and Street Works Act (NRSWA) 1991 Registerable Works [3], so that any landscape operations which move onto the carriageway
(including signage), impede or alter traffic flows is registered with the appropriate council.
5.8
Damage to Property
5.8.1
The Contractor must report all damage to the property in the Contract Area to the SO as soon
as is reasonably practical. The Contractor shall be held responsible for any damage to the soft
[4] or hard landscaping or to highways and highway furniture and to private property or
negligence or any such on the part of his agents and servants.
5.8.2
The Contractor is to indemnify the Employer against any damage to property, any existing
landscape planting or surfaces arising out of or in connection with his carrying out of the
Services and/or the Works and/or his negligence in doing the same. He shall make good any
such damage at his own expense through either replacement or repair to the SO’s specification
using his own resources or the recommended agents of the Employer to the satisfaction of the
appropriate Authority and the SO.
5.8.3
If the Contractor damages property or landscape outside of the authority of the SO and the
Employer then the appropriate authority or agency of the Site affected shall be contacted by the
Contractor and advised accordingly. The Contractor shall furnish that authority or agency with
such information as it may require to perform the necessary repair or replacement work to its
own satisfaction and to enable it to recharge to the Contractor the full costs of such repair or
replacement work.
5.8.4
The Employer reserves the right, in all cases, to make alternative arrangements for the
rectification of any damage referred to in clause 5.8.3, using his own or any other agency and
to deduct the cost from monies owing to the Contractor or to receive payment from the
Contractor on a debt due.
5.8.5
All expenditure incurred by the Employer under clause 5.8 (Damage to Property) and each
other provision of the Contract shall be reimbursed by the Contractor on demand.
5.9
Assignment and Sub-Contracting
[3] The HCA leisure routes are not adopted highway and therefore do not require registering under this Act.
[4] If a tree or shrub has been damaged by the Contractor, all bark scrapes shall be cleaned and tidied and a tree
wound paint applied as approved by the SO. Where death or serious disfigurement has occurred to the tree or
shrub then it shall be removed and replaced as the SO shall direct.
Replacement of shrubs or hedging shall be of sufficient numbers to give the same density of cover as
previously existed.
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November 15
5.9.1
The Contractor shall not assign or transfer or purport to assign or transfer any right or obligation
under this Contract to any person without the prior written consent of the Employer and in
particular but without limitation the Contractor shall not without the prior written consent of the
Employer sub-contract to any person the performance of any of the Services.
5.9.2
If pursuant to the provisions of Clause 5.9.1 the Employer shall consent to the sub-contracting
by the Contractor of any of his obligations under this Contract to a sub-contractor then
notwithstanding such consent the Contractor shall be responsible for any work carried out by
any such sub-contractor and any such sub-contracting shall not relieve the Contractor of any
liability under this Contract.
5.10
Materials and Goods
The Contractor shall, by including appropriate provisions in every relevant sub-contract,
contract of sale and supply agreement ensure that the property in all materials and goods
incorporated or to be incorporated in the Works passes to the Employer on the earlier of the
time of delivery of such materials and goods to the Site or the time that the value of such
materials and goods is incorporated in interim payments made by the Employer. The
Contractor shall indemnify the Employer against any expense, liability, loss, claim or
proceedings whatsoever arising from any failure to pass to the Employer a complete and
unencumbered title in any materials or goods.
6
Additional Conditions
Objective: To ensure the Contractor is aware of further conditions that have an impact on
operational works on Site.
6.1
Noise Control, Control of Pollution Act 1974
6.1.1
The Contractor shall at all times when carrying out the Works comply with the Control of
Pollution Act 1974 ("the Act").
6.1.2
The use of portable radios and tape/cd/mp3 players etc. will not be permitted within the
Contract Area.
6.1.3
The Contractor shall satisfy himself as to the requirements of the Local Authority and the
provisions of any Code of Practice with regard to the implementation of the Act and comply with
such requirements / provisions. The Contractor should note that generally the properties
surrounding the Contract Area are occupied and the Contractor is therefore to cause the
absolute minimum of nuisance and inconvenience to the occupiers.
6.1.4
The Contractor shall employ the best practical means to minimise noise produced by his
operations and shall have regard to the recommendation in BS 5228, "Noise Control on
Construction and Demolition Sites".
6.1.5
Noisy operations shall not be undertaken outside normal working hours unless by prior
approval with the SO. The timing and duration of Works involving the use of chain-saws and/or
chippers shall be agreed in advance with the SO, particularly where it is necessary to
undertake this at night, near residential areas.
6.2
Dust and Mud Nuisance
6.2.1
The Contractor shall take all necessary steps to eliminate dust and mud nuisance (including
woody waste, grass and herbage clippings) during the carrying out of the Works.
6.2.2
The existing public highways, platforms, footways and private access routes used by vehicles
of the Contractor or any of his sub-contractors or suppliers of materials or plant, shall be kept
clean and clear of dust, grass debris, and mud dropped by the said vehicles or their tyres. The
Contractor shall immediately clear all dust and mud from the Works spreading onto these
highways or any public or private right of way.
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November 15
6.2.3
The Contractor shall, when he considers that any aspect of the Works may result in airborne
dust or fumes, contact the SO prior to commencing such Works within 50 metres of buildings,
car parks, signals, or railway tracks, and obtain the SO's approval prior to commencement.
6.3
Waste and Control Of Pollution
6.3.1
The Contractor must at all times comply with the requirements of environmental legislation,
including, but not limited to, the Environmental Protection Act 1990, the Pollution, Prevention
and Control Regulations 2000, the Hazardous Waste Regulations 2005, the Control of
Pollution (Amendment) Act 1989, the Environmental Damage (Prevention and Remediation)
Regulations 2009 and the Waste (England and Wales Regulations 2011. The Contractor must
be registered with a relevant Regulation Authority (Environment Agency) and be in possession
of a valid Certificate of Registration or Certificate of Registration as a Broker of Controlled
Waste under the Environmental Protection Act 1990. If the Contractor is to transport waste
away from the Site the Contractor must be in possession of a Waste Carriers' Licence which
shall be produced to the Employer on request. The Contractor shall produce on request to the
Employer details of end destinations of all waste removed from Site and is responsible for
ensuring that all waste is removed to an appropriate permitted facility.
6.3.2
A copy of the Contractor's Certificate of Registration referred to in clause 6.3.1 must be
provided to the Employer. If the Contractor employs an outside haulage sub-contractor to
transport waste then subject always to clauses 5.9.1 and 5.9.2, the Contractor shall ensure that
his sub-contractor complies fully with the requirements of this clause 6.3. In these
circumstances the Contractor himself must be registered as a Broker of Controlled Waste with
a relevant Regulation Authority and must hold a Waste Carriers' Licence and must produce his
valid Certificate of Registration as a Broker of Controlled Waste and Waste Carriers' Licence to
the Employer. Notwithstanding the Contractor being registered as a broker or carrier of waste,
the Contractor shall remain fully responsible for the production of waste transfer notes for the
movement of Controlled Waste or consignment notes for the removal of Hazardous Waste and
the submission of these records to the Employer and the Environment Agency.
6.3.3
Proper and complete records of the movement of all consignment notes for Hazardous Waste
and all waste transfer notes for the movement of Controlled Waste must be maintained by the
Contractor and the Contractor is to provide copies of such records to the Employer with tip
receipts to ensure payment of the next instalment of the Contract Sum can be made pursuant
to clause 9 and to ensure that all the Contractor's and the Employer's obligations under
environmental legislation are properly discharged.
6.3.4
The Contractor will ensure that it is aware of the Department for the Environment Food & Rural
Affairs’ up to date guidance in relation to the management and disposal of waste or emissions
including but not limited to the proposals contained in the DEFRA document dated February
2015 entitled “Part I: A consultation on proposals to enhance enforcement powers at regulated
facilities Part II: A call for evidence on other measures to tackle waste crime and entrenched
poor performance in the waste management industry.” The Contractor will co-operate with the
Employer’s reasonable requests in relation to the management and disposal of waste and
emissions. “
6.4
Removal of Rubbish and Fires
6.4.1
The Contractor shall remove all rubbish, prunings and superfluous materials from the Contract
Area to the entire satisfaction of the SO and shall make his own arrangements for the collection
and tipping of rubbish and pruning’s arising. All rubbish is to be carted to an approved tip; any
expenses incurred will be the responsibility of the Contractor. The Contractor within the
Contract Area or in any other place shall carry out no unauthorised tipping. The Contract Area
is to be left clean and tidy and clear of arisings at the end of each working day.
6.4.2
The Contractor shall take all reasonable precautions to minimise fire risks. The burning of
arisings, litter and prunings is prohibited within the Contract Area. Naked lights necessarily in
use for the execution of the Works must be carefully controlled by the Contractor. No naked
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November 15
light appliance shall be left on the Site unattended. The Contractor should note that all HCA
sites are non-smoking.
6.5
Environmental Protection, Biosecurity and Permits
6.5.1
The Contractor shall comply with all relevant Statutory Requirements (including European
legislation and also including, without limitation, the Weeds Act 1959, the Environmental
Protection Act 1990 and the Environmental Damage (Prevention and Remediation) Regulations
2009) relating to wildlife and nature conservation issues, and protected species and habitats.
6.5.2
When working in or close to watercourses, the Contractor must comply with the guidance
contained in the Environment Agency publication “Works in, Near or Liable to Affect
Watercourses”.
6.5.3
Mature trees and other vegetation that are to be retained on the Site must be fenced off by the
Contractor for their protection with temporary protective fencing in compliance with BS
5837:2012 when the Contractor undertakes improvement Works which may cause adverse
effects. The fenced area must not be moved unless under the instruction and supervision of the
SO. Machine Works shall not be carried out within these fenced areas and the areas shall not
be used for the storage of materials, equipment or machinery.
6.5.4
It is an offence under the Wildlife and Countryside Act 1981 to destroy the nest of any birds.
For this reason all trees and hedges to be removed by the Contractor must be free from actively
breeding birds. In addition the Contractor should note the special protection afforded to bats,
which may use trees for nesting and hibernation over the winter period. To ensure that nesting
birds are not resident, works on trees and hedgerows must be carried out outside of the normal
breeding season (between the months of November to February inclusive) subject to the
vegetation not being used by hibernating bats. Where the vegetation to be cleared supports an
active nest / hibernating bat, Works are to cease immediately until the SO consents that Works
can recommence.
6.5.5
The Contractor will ensure that if the nature of the services requires an environmental permit of
any kind, that the Contractor will obtain the necessary permit and send a copy of the same to
the Employer prior to commencement of the services. The Contractor is referred to
https://www.gov.uk/environmental-permit-check-if-you-need-one which gives guidance on the
necessity for environmental permits. In the event that an environmental permit is required, no
payment will fall due and payable to the Contractor from the Employer until such time as the
Contractor has complied with this clause.
6.5.6
The Contractor is required to produce such further risk assessments and method statements
appertaining to biosecurity in relation to the services as the Employer in its’ absolute discretion
acting reasonably shall require. The Contractor must in such risk assessments and statements
specify any biosecurity measures to be taken by the Contractor in relation to the services,
including but not limited to, having given due consideration to the UK Plant Health Risk
Register. The Register is publicly available https://secure.fera.defra.gov.uk/phiw/riskRegister/.
7
Labour and Supervision
Objective: To ensure that the Contractor’s Operatives are competent to carry out the Works
and are properly supervised.
7.1
The Operatives shall at all times be the employees of the Contractor or subcontracted to him
and therefore not employees of the Employer. The Contractor shall make all the appropriate
deductions from those Operatives’ wages in respect of P.A.Y.E. and employees’ national
insurance and other contributions. The Contractor is required to comply with all Statutory
Requirements concerning the employment of labour whether those provisions affect the
performance of the Works or otherwise.
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November 15
7.2
The Contractor shall at all times maintain sufficient personnel qualified and competent in their
respective trades and supervisory staff on Site to ensure the timely and effective carrying out of
the Works.
7.3
If for any reason in the opinion of the SO, the progress or quality of the Works is unsatisfactory
due to insufficient or inappropriately qualified labour, the Contractor shall take such steps to
augment resources as necessary to satisfactorily execute the Works. The Contractor shall not
be entitled to any additional payment for taking such steps.
7.4
The Contractor shall be responsible for the good behaviour of Operatives whilst they are
engaged on the Contract. The Contractor shall ensure that no Operative is under the adverse
influence of any medication or drug, including alcohol, whilst that Operative is engaged on the
Contract. The Employer shall have the right to refer an Operative back to the Contractor without
prior notice if in the opinion of the SO the behaviour or ability of the Operative is unacceptable.
The Contractor shall be informed as soon as practicable by the SO of such referral and where
possible the Contractor shall be given prior notice if the SO foresees that referral may be
necessary.
7.5
To ensure good behaviour, compliance with Statutory Requirements and the requirements of
the Employer in respect of the nature or quality of the Work or issues concerning health, safety
or welfare the SO or another officer of the Employer shall be entitled to give such instructions to
any Operative as may be required at any time.
7.6
The SO may (but not unreasonably) issue instructions to the Contractor requiring the exclusion
from the Works by the Contractor of any Operative engaged on the Contract. The Employer
shall in no circumstances be liable to either the Contractor or the employee in respect of any
liability, loss or damage occasioned by such removal or disciplinary action and the Contractor
shall fully and promptly indemnify the Employer against any claim by such an employee.
7.7
The Contractor or a competent and authorised agent or representative approved of in writing by
the SO (which approval may at any time be withdrawn) is to be engaged on the Works, and
shall give adequate time to the superintendence of the same. Such authorised agent or
representative shall be in full charge of the Works and shall receive on behalf of the Contractor
directions and instructions from the SO. The Contractor or such authorised agent or
representative shall be responsible for the safety of all operations, and compliance with the
Employer's health and safety, and Work procedure requirements, and compliance with the
Employer's "Safety Policy" (a copy of which shall be provided to the Contractor).
7.8
The Contractor must ensure that all Operatives, including sub-contractors on Site carry
corporate ID at all times and have the company logo on their wear-alls, in accordance with
clause 5.5 Publicity, Site Signage And Identification
8
Health and Safety
Objective: To ensure work is carried out safely.
8.1
Risk Assessment
8.1.1
It is a legal requirement to carry out risk assessments and the Contractor shall be required to carry
out written assessments in respect of the Works. When required by the Employer the Contractor
must produce the assessments for inspection and provide copies for retention by the Employer.
Risk assessments shall be submitted by the Contractor covering all major operations contained
within the Contract (including, without limitation, grass cutting, weed control, operations involving
implements and machinery including chainsaws, chippers, tractor powered implements (flails etc.)).
Updates of assessments may be requested during the Contract Period.
8.1.2
Risk assessments prepared by the Contractor should be suitable and sufficient for the work to be
undertaken. Guidance can be obtained from "Five Steps to Risk Assessments" published by the
HSE.
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November 15
8.2
Health and Safety at Work
8.2.1
The Contractor is required to be registered with either OHSAS 18001 or SSIP accredited scheme
and comply with all requirements throughout the duration of the Works. The Contractor shall
ensure that his own employees and all sub-contractors are aware of their duties and responsibilities
under the safety policies referred to in this Contract. All new employees and sub-contractors shall
be given safety instructions by the Contractor prior to them carrying out any part of the Works on
Site.
8.2.2
The Management of Health and Safety at Work (MHSW) Regulations 1999, particularly Regulation
3, relates to risk assessment. The Employer will notify the Contractor of any specific non-standard
hazards which could affect estate maintenance works on site via a Hazard Notification Form as
shown in Appendix D. The Contractor shall present these assessments to the SO within 7 days of
the date of this Contract. No work shall be undertaken on Site until the Employer and/or the SO
shall have approved in writing the submitted documents, or such amended substituted or additional
assessments as may be required from time to time. The risk assessments provided by the
Contractor must include:
a)
details of staff having day-to-day responsibility for health and safety on Site, giving
name, position, qualifications and experience;
b)
Control of Substances Hazardous to Health (COSHH) assessments for each substance
covered by the COSHH regulations and which he is required to use or intends to use in
the execution of the Works or in any other works on behalf of the Employer;
c)
first aid precautions and provisions for meeting first aid requirements and any necessary
emergency procedures; and
d)
identification of any Site-specific risks and outline of appropriate responses.
8.2.3
The Contractor shall maintain registers where required by law and shall carry out regular statutory
inspections of equipment and plant with signed entries in the appropriate register.
8.2.4
The Contractor shall nominate a member of his staff to be responsible for safety, health and welfare
and such nominated person shall liaise with the SO, on all relevant occasions throughout the
duration of the Contract.
8.2.5
Adequate protective measures shall be taken by the Contractor to protect employees, members of
the public and all other persons including Personal Protective Equipment (PPE).
8.2.6
The Contractor shall notify the SO immediately by the fastest possible means of all Site accidents,
dangerous occurrences and matters involving the general public and diseases notifiable to either
the Health and Safety Executive or the Local Authority which occur during the Contract Period. The
SO and Health and Safety Manager shall be provided with copies of written reports of such
occurrences.
8.2.7
The Employer shall allow free and unencumbered access to the Contractor's Operatives and
subcontractors to carry out the Works and, in so doing, to enable the Contractor to make any
recommendations he considers necessary with regard to safety, health and welfare matters.
8.2.8
If the Contractor receives a Site visit from an officer of the Health and Safety Executive or any other
enforcing body during the course of the Works, the SO shall be notified of full details of the visit,
including details of any stoppages of work for safety reasons.
8.2.9
The Contractor shall ensure Site plant shall only be used by Operatives having the relevant
Certificate of Competence issued by the Construction Industry Training Board (CITB) or other
recognised training body. The Contractor shall provide copies of the relevant certificates to the SO.
8.2.10 The Contractor shall at all times provide first aid equipment for Operatives in accordance the Health
and Safety (First Aid) Regulations 1981 and in accordance with clause 8.4.
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November 15
8.2.11 The standards of training of Operatives, use and maintenance of equipment (including, without
limitation, a Mobile Elevated Working Platform), and methods of working in respect of pesticide
applications, chainsaws, tree felling, thinning, Coppicing, shrub clearance and tree surgery shall be
at least equal to that described in the latest advisory and guidance literature published by the
Health and Safety Executive, Work from Height Regulations 2005 and by the Arboriculture and
Forestry Advisory Group (AFAG) as applicable.
8.2.12 The SO will be entitled to suspend Site operations should the Contractor fail to comply with any of
the safety regulations or procedures set out in this clause 8.2.
8.3
Legislation
8.3.1
The Contractor shall comply with all the relevant legislation contained in the current Health and
Safety at Work Act 1974.
8.3.2
The Contractor shall comply as appropriate with all Statutory Requirements relating to health and
safety, including without limitation: Health and Safety Regulations, in particular: Control of
Substances Hazardous to Health (Amendment) Regulations 2004 (COSHH); Management of
Health and Safety at Work Regulations 1999 (MHSW); Provisions and Use of Work Equipment
Regulations 1998 (PUWER); The Control of Vibration at Work Regulations 2005; Work at Height
Regulations 2005 including Using Ladders; Confined Spaces Act 1997 (amended Feb. 2008);
Manual Handling Operations Regulations 1992 (as amended); Lifting Operations and Lifting
Equipment Regulations 1998 (LOLER); the Construction, Design and Management Regulations
2015; The Construction (Health, Safety and Welfare) Regulations; Health and Safety (Young
Persons) Regulations 1997; Control of Noise (Codes of Practice for Construction and Open Sites)
(England) Order 2015; Environmental Damage (Prevention and Remediation) (England)
(Amendment) Regulations 2015; Food and Environment Protection Act and the Control of
Pesticides Regulations 1986; Chapter 8 – Traffic Signs Manual for works along highways or public
footpaths; Airports Act 1986, The Air Navigation Order 2009; Civil Aviation Act 1982.
8.4
First Aid and Personal Protective Equipment
8.4.1
During the Contract Period the Contractor must provide first aid equipment for Operatives in
accordance with the Health and Safety (First Aid) Regulations 1981. [5]
a)
b)
[5 ]
In order to comply with Health and Safety (First Aid) Regulations 1981, the basic
minimum first aid equipment should be installed in all site caravans, mobile depots
and/or be carried on the vehicle from which the Contractor operates. The minimum
considered reasonable for this purpose would be:
(i)
a supply of fresh water in a suitable container of at least 20 litre capacity, with a
tap; and
(ii)
soap, paper towels and a bowl for washing, and
(iii)
a first aid box appropriate to the number of the Contractor's Operatives on Site and
the nature of the work.
(iv)
Spillage kits to deal with oil or herbicide leaks.
For further information the Contractors' attention is drawn to Health and Safety
Executive guidance note GS14 Provision of Sanitary Conveniences and Washing
Facilities in Agriculture and to Health and Safety Executive guidance note First Aid at
Work.
it is recommended that all operatives are immunised against tetanus
It is recommended that all operatives are made away of the risk of leptospirosis (Weil’s disease) when working
in and around waterways. All Contractors are advised to wear protective clothing (including gloves) and
cover/treat all cuts/broken skin prior to undertaking water works.
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November 15
8.4.2
The Contractor will provide all the Personal Protective Equipment (PPE) required by Operatives for
the Works (ear plugs will not be acceptable as ear defenders). All such PPE shall be to the
relevant British, European or International Standard.
8.4.3
The Contractor shall wear safety footwear at all times on site.
8.5
CDM Regulations
8.5.1
Both the Employer and the Contractor acknowledge that he is aware of and undertakes to the other
that in relation to the Works and Site he will duly comply with the CDM Regulations to the extent
applicable to the project. Without limitation, where the project that comprises or includes the Works
is notifiable:
a)
The Employer shall ensure both that the Principal Designer carries out all his duties
and, where the Contractor is not the Principal Contractor, that the Principal Contractor
carries out all his duties under those regulations; and
b)
Where the Contractor is and while he remains the Principal Contractor, being the
contractor appointed under regulation 5(1)(b) of the CDM Regulations to perform the
specified duties in regulations 12 to 14, he shall ensure that:
i.
The Construction Phase Plan is prepared and received by the Employer before
construction work under this Contract is commenced, and that any subsequent
amendment to it by the Contractor is notified to the Employer and the Principal
Designer (where appointed); and
ii.
Welfare facilities comply with Schedule 2 of the CDM Regulations are provided
from the commencement of construction work until the end of the construction
phase;[6]
c)
Where the Contractor is not the Principal Contractor, he shall promptly inform the
Principal Contractor of the identity of each sub-contractor that he appoints and each
Sub-subcontractor appointment notified to him;
d)
Promptly upon the written request of the Principal Designer , the Contractor shall
provide, and shall ensure that any sub-contractor, through the Contractor, provides, to
the Principal Designer , (or, if the Contractor is not the Principal Contractor, to the
Principal Contractor) such information as the Principal Designer reasonably requires for
the preparation of the health and safety file.
8.6
Health and Safety
8.6.1
Without limiting either party’s statutory and/or regulatory duties and responsibilities and/or the
specific health and safety requirements of this Contract, the parties will endeavour to establish and
maintain a culture and working environment in which health and safety is of paramount concern to
everybody involved with the project.
8.6.2
In addition to the specific health and safety requirement of this Contract, the Contractor undertakes
to:
[6]
a)
Comply with any and all approved codes of practice produced or promulgated by the
Health and Safety Executive and/or the Health and Safety Commission;
b)
Ensure that all personnel engaged by the Contractor and members of the Contractor’s
supply chain on site receive appropriate site-specific health and safety induction
training and regular refresher training;
If the CDM Regulations apply to the project there is a duty on contractors to ensure compliance with Schedule
2 of the CDM Regulations so far as is reasonably practicable, whether or not the project is notifiable and
whether or not the contractor is the Principal Contractor.
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November 15
c)
Ensure that all such personnel have access at all times to competent health and safety
advice in accordance with regulation 7 of the Management of Health and Safety at
Work Regulations 1999; and
d)
Ensure that there is full and proper health and safety consultation with all such
personnel in accordance with the Health and Safety (Consultation with Employees)
Regulations 1996.
9
Payments
9.1
Contract Sum
The Contract Sum shall remain fixed for the first year from (and including) the Commencement
Date, following which subsequent years will then be subject to adjustment in accordance with the
All Item Index of Retail Prices (RPI). The amount of the RPI adjustment to the Contract Sum shall
be agreed at the start of each new financial year by the Employer. In the event the Contractor
either:
a)
fails to achieve a KPI score of "Expected" pursuant to clause 3.1.6 for ten months within
the first year of the Initial Term where the Contractor is subject to monthly KPI
performance measurement assessments; or
b)
fails to achieve a KPI score of "Expected" pursuant to clause 3.1.6 for nine months
within the first year of the Initial Term where the Contractor is subject to quarterly KPI
c)
fails to achieve a KPI score of "Expected" pursuant to clause 3.1.6 for six months within
the first year of the Initial Term where the Contractor is subject to six-monthly KPI
performance measurement assessments
the Contractor shall not be entitled to any uplift to the Contract Sum in the subsequent year of the Initial
Term in accordance with RPI. If the Contractor subsequently improves his performance of the
Services so that (as applicable):
i
a KPI score of "Expected" pursuant to clause 3.1.6 is achieved for eleven months in the
second year of the Initial Term where the Contractor is subject to monthly KPI
ii
a KPI score of "Expected" pursuant to clause 3.1.6 is achieved for nine months in the
second year of the Initial Term where the Contractor is subject to quarterly KPI
iii
a KPI score of "Expected" pursuant to clause 3.1.6 is achieved for six months in the second
year of the Initial Term where the Contractor is subject to six-monthly KPI performance
measurement assessments
the Contractor shall be entitled to an adjustment to the Contract Sum in accordance with RPI for year 2
of the Initial Term. The same principle (that of the Contract Sum only being adjusted in accordance
with RPI if the Contractor achieves the required KPI requirements set out in (a) to (c) above) shall apply
in respect of the Contractor's performance for subsequent years of the Initial Term.
9.2
Invoicing
9.2.1
Payment of the Contract Sum shall be made by the Employer to the Contractor at monthly intervals
during the Contract Period. Each instalment of the Contract Sum (subject always to clause 9.2.7)
shall be for an amount equal to one twelfth of the Contract Sum payable for that given year plus the
agreed price of any Unplanned Works instructed by the Employer pursuant to clause 3.1.8. The
Contractor shall invoice the Employer each calendar month in accordance with the requirements set
out in clause 9.2.2.
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November 15
9.2.2
Each invoice submitted by the Contractor (an “Interim Application”) shall show:
e)
The sum that the Contractor considers is due; and
f)
The basis on which the sum referred to in clause 9.2.1(a) above is calculated; and
g)
The amounts on account of the Contract Sum previously paid by the Employer to the
Contractor.
Each such Interim Application shall be supported by such documents, vouchers and receipts as
may be reasonably required by the Employer (including, without limitation, those documents set out
in clause 9.5.1) and when considering any such application the Employer reserves the right to
require the production of such further supporting information and/or documentation as it considers
reasonably necessary in relation to any claim for reimbursement of any expenses or disbursements
to show that such expenses or disbursements have been properly incurred.
9.2.3
The due date for payment of the Contractor's invoice by the SO shall be the last working day of the
calendar month to which the Contractor's invoice refers ("Due Date"). Invoices presented before
the Due Date shall not be considered by the SO and shall be deemed not to have been received by
the SO until the Due Date.
9.2.4
Save as set out in clause 9.2.3 any sums payable from one party to the other shall become due on
the date of demand.
9.2.5
Not later than 5 days after the date on which a sum becomes due from a party under this Contract
such party shall issue a payment notice setting out the amount it considers is due at the payment
date and the basis on which that amount has been calculated (a “Payment Notice”). If a Payment
Notice is not given by the Employer in accordance with this Clause in respect of an Interim
Application by the Contractor, the amount of the payment to be made by the Employer shall, subject
to any Pay Less Notice (as defined in Clause 9.2.7), be the sum stated as due in the Interim
Application.
9.2.6
The final date for payment of any sum which becomes due under this Contract ("Final Date for
Payment") shall be 28 days after that sum becomes due.
9.2.7
A payment in respect of a sum which has become due under this Contract may not be withheld
after the Final Date for Payment for that sum save where the party withholding payment has served
a notice on the payee setting out the sum the payer considers to be due on the date the notice is
served and the basis on which that sum has been calculated (a “Pay Less Notice”) no later than 7
days before such Final Date for Payment.
9.2.8
Subject to the receipt of a valid tax invoice the Employer shall pay to the Contractor the total
amount of Value Added Tax properly chargeable by the Contractor on the supply to the Employer of
any goods or services under this Contract provided that in respect of any disbursement or expense
reimbursable to the Contractor under this Contract the Employer shall only be liable to pay VAT to
the Contractor on the VAT-exclusive amount of such disbursement or expense.
9.2.9
The making of any payment by the Employer to the Contractor shall not be deemed to indicate
satisfactory performance of the Services.
9.2.10 All Unplanned Works prices quoted in the Contract Documents shall be fixed for the Contract
Period and shall not be subject to any increases in RPI or in respect of changes in the rates of
wages or materials.
9.2.11 The Contractor's invoice shall be prepared upon a typewriter or printer and shall be submitted upon
paper bearing the Contractor's letterhead.
9.2.12 When presenting an invoice for payment the Contractor shall clearly state the following information:
a)
the name of the Contract;
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November 15
b)
the Contract reference number;
c)
the instalment number;
d)
the month and year to which the invoice refers;
e)
the Employer's Purchase Order Number when issued; and
f)
if the invoice is for Unplanned Works or additional works ordered under the Contract.
9.2.13 Invoices and associated paper work are to bear the Homes and Communities Agency (HCA)
address as Employer, but addressed for the attention of the SO or his representative.
9.3
Change of Law
9.3.1
The Contractor shall neither be relieved of its obligations to supply the Services or carry out the
Works in accordance with the provisions of this Contract nor be entitled to an increase in the
Contract Sum as a result of a Specific Change in Law where the effect of that Specific Change in
Law on the Works is known at the Commencement Date.
9.3.2
If a Specific Change in Law occurs during the Contract Period the Contractor shall notify the
Employer of the likely effects of that change, including:
9.3.3
a)
whether any modification is required to the Works, the Contract Sum or the Contract;
and
b)
where any relief from compliance with the Contractor’s obligations is required, including
any obligation to achieve any milestones or to meet any service level agreements at any
time.
As soon as practical after any notification in accordance with 9.3.2 the Contractor shall discuss and
agree the matters referred to in the notice with the Employer. Both parties will discuss any ways in
which the Contractor can mitigate the effect of the Specific Change of Law, including:
a)
providing evidence that the Contractor has minimised any increase in costs or
maximised any reduction in costs, including in respect of the costs of its approved subcontractors;
b)
demonstrating that a foreseeable Specific Change in Law had been taken into account
by the Contractor before it occurred;
c)
giving evidence as to how the Specific Change in Law has affected the cost of providing
the Works; and
d)
demonstrating that any expenditure that has been avoided has been taken account in
amending the Contract Sum.
9.3.4
Any increase in the Contract Sum or relief from the Contractor’s obligations agreed by the parties
pursuant to clauses 9.3.2 and 9.3.3 shall be implemented in accordance with clause 9.6
(Variations).
9.3.5
If a General Change in Law occurs during the Contract Period the Contractor shall notify the
Employer of:
a)
whether any modification is required to the Works or the Contract; and
b)
where any relief from compliance with the Contractor’s obligations is required, include
any obligation to achieve any milestones or to meet any service level agreements at any
time.
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November 15
9.3.6
As soon as practical after any notification in accordance with 9.3.5 the Employer shall decide in his
absolute discretion whether any modification is required to the Works or the Contract to comply with
the General Change in Law. At no time shall the Contractor be entitled to any increase in the
Contract Sum as a result of a General Change in Law.
9.4
Value Added Tax
All sums payable under the Contract unless otherwise stated are exclusive of Value Added Tax
(VAT) and other duties or taxes. Any VAT or other duties or taxes payable in respect of such sums
shall be in addition to such sums.
9.5
Auditing, Data Protection and Freedom of Information
9.5.1
Any invoice submitted by the Contractor pursuant to clause 9.2 must be accompanied by the
Contractor Site Assessment Form, Pesticide records, inspection records, consignment notes and
tip receipts for that month before payments can be made by the Employer.
9.5.2
The Contractor should ensure all such paperwork is correct, insofar as that is reasonable to do so,
as this will form a part of the KPI Audit process set against performance by the Contractor on the
Contract.
9.5.3
The Contractor shall, if required, allow the Employer or any person acting on its authority access to
the Contractor’s premises for the purpose of inspecting records pertaining to the Contract. The
Contractor shall provide the Employer with any copies of such records as the Employer may
reasonably require.
9.5.4
The Contractor shall maintain and update all records pertaining to the Contract to ensure that they
properly reflect at any given time the current state of work programmes or projects on which the
Contractor is involved.
9.5.5
The Contractor shall keep all records pertaining to the Contract in a safe and secure place at the
Contractor’s premises.
9.5.6
The Contractor shall assist the Employer in complying with such obligations as are imposed on the
Employer by the Data Protection Act 1998 as amended from time to time (the “DPA”) and under the
FOIA. The parties agree and warrant that they will only process data in accordance with the DPA.
9.5.7
Except for any information which is exempt from disclosure in accordance with the FOIA, and
notwithstanding any other term of this Contract, the Contractor hereby consents for the Employer to
publish the Contract to the general public in its entirety (but with any information, which is exempt
from disclosure in accordance with the provisions of the FOIA, redacted), including from time to
time agreed changes to the Contract.
9.5.8
The Employer shall be responsible for determining in its absolute discretion whether any of the
content of the Contract is exempt from disclosure in accordance with the provisions of the FOIA
either following consultation with the Contractor and having taken (or not taken, as the case may
be) its views into account, or without consulting the Contractor.
9.6
Variations
9.6.1
Any error in description or in quantity or any omission of items from the Contract Documents shall
not vitiate the Contract but shall be corrected and deemed to be a Contract Variation required by
the Employer, to be valued by the SO on a fair and reasonable basis using where relevant the
appropriate unit rates submitted by the Contractor in his tender.
9.6.2
The Employer may order an addition to or omission from or other change in the Works or the order
or period in which they are to be carried out and any such Contract Variation shall be valued by the
SO on a fair and reasonable basis using where relevant the appropriate unit rates submitted by the
Contractor in his tender. Subject to clause 9.6.5 the Contractor shall comply with the Contract
Variation and respond to any written communications regarding variations within ten working days.
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November 15
9.6.3
Any variation to the Contract shall only be ordered by the Employer and any verbal instructions
shall be confirmed in writing by the Employer within two days.
9.6.4
Any variation ordered shall not vitiate the Contract.
9.6.5
The Contractor may only refuse to comply with a Contract Variation where it can demonstrate to the
reasonable satisfaction of the Employer that compliance with any such instruction will comprise a
breach of health and safety regulations or other legislation if implemented.
9.7
Workmanship
9.7.1
Defective work
Notwithstanding the provisions of clause 3.1, if, in the reasonable opinion of the SO, the Contractor
has at any time failed to perform the Works in accordance with the terms of this Contract and/or the
Contract Documents the Employer shall be entitled at any time in its absolute discretion to give a
Written Instruction Notice to the Contractor specifying the default and requiring him to comply with
the requirements of the notice within a stated time. Written notice served by the Employer to the
Contractor shall be in the form of a Written Instruction Notice (see Appendix F of the Maintenance
Specification). In cases of material default the Contractor will be issued with an Immediate
Rectification Notice (see Appendix G of the Maintenance Specification) and the Contractor must
take immediate action to remedy the defect(s) if he is to avoid payment being withheld by the
Employer pursuant to clauses 3.1.6(c) and 9.2.7.
9.8
Works Audit
9.8.1
The Contractor should note that all Immediate Rectification Notices and Written Instruction Notices
issued as a result of Defective Works are notifiable as part of the Audit process and will be used as
a Key Performance Indicator on the Contract. The Contractor should therefore ensure that copies of
all such notices accompany each invoice for the month in which they have been issued.
9.8.2
If the Contractor fails forthwith to complete the Works in accordance with the terms of the Contract
and/or the Contract Documents or to rectify such defects as have been notified in accordance with
clause 9.7 within the time stated, the Employer may without prejudice to the conditions of clause
10.1 (Determination By The Employer) make alternative arrangements to carry out the
requirements of the Immediate Rectification Notice and/or Written Instruction Notice (as applicable)
using any agency and recharge this cost to the Contractor as a debt due.
9.8.3
In such cases as those set out in clause 9.8 the Employer may deduct from any monies due to the
Contractor the greater of:
a)
the cost of making alternative arrangements for the carrying out of the requirements of
the Immediate Rectification Notice and/or Written Instruction Notice (as applicable)
together with a levy of a minimum of 20% of the cost of the work for the Employer's
reasonable supervision costs; or
b)
liquidated damages for a period not exceeding three months.
In the particular case of hay making the Employer retains the right to deduct from any monies due
to the Contractor the cost of making alternative arrangements for the carrying out of the
requirement of the Immediate Rectification Notice and/or Written Instruction Notice (as applicable)
together with a levy of a minimum of 20% of the cost of the work for the Employer's reasonable
supervision costs.
9.9
Liquidated Damages
9.9.1
If in the opinion of the SO the Contractor has omitted to perform the Services so as to meet the
requirements of the Maintenance Specification or has failed to perform the Works to the required
standard, then in either of such cases the Employer may deduct from any payment due to the
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November 15
Contractor liquidated damages per day per square metre of work which in the opinion of the SO is
defective.
9.9.2
Subject to clause 9.9.3 the value of such liquidated damages shall be that set out below:
a)
Grass cutting:
[£
per day per square metre of work] [Guidance note – delete this: insert the
sum for LADs per day per square metre of work using this formula:
Unit Rate x Number of days x 2 x Area (m2)
230]
b)
Hay making:
[£
] [Guidance note: - delete this: calculate the sum for LADs by taking that
part of the Contract Sum relating to hay making for achieving the required Maintenance
Specification divided by two.]
c)
All other contractual obligations:
[£
] Guidance note: - delete this calculate the sum for LADs by taking the
relevant part of the Contract Sum for achieving the required Maintenance Specification
divided by 365 [7] multiplied by the number of days over which the Works do not meet
the required Maintenance Specification multiplied by two, i.e. this formulae.
Unit Rate x Number of days x2 x Area (m2)]
365
9.9.3
In addition to any deduction calculated pursuant to clause 9.9.2 a further administration charge
amounting to 20% of the total sum calculated shall be imposed and shall form part of the liquidated
damages payable to the Employer by the Contractor.
9.10
Recovery of Sums Due
Notwithstanding anything contained or implied to the contrary in this Contract where any sum of
money is due and payable by the Contractor to the Employer such sum or any part thereof may be
deducted by the Employer from any sum due or which may hereafter become due by the Employer
to the Contractor under this Contract or under any other contract or contracts.
10
Determination
10.1
Determination by the Employer
10.1.1 The Employer may in writing at any time and upon 14 days notice to the Contractor determine the
Contract (but without prejudice to the rights of the parties accrued to the date of determination)
including (but not limited to) in any of the following cases:
a)
[7 ]
Default
(i)
if the Contractor suspends the carrying out of the Works without prior
authorisation from the SO, or
(ii)
if the Contractor fails to proceed diligently with the Works or fails to resume after
having been given reasonable notice by the SO so to do, or
or the Contract period in days whichever is the lesser
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November 15
(iii)
b)
Corrupt Gifts
(i)
c)
if the Contractor does not rectify all issues in an Immediate Rectification Notice
pertaining to an Unacceptable mark awarded by the Employer pursuant to clause
3.1.6 (c) for a third consecutive month.
if the Contractor or anyone employed by him or acting on his behalf shall commit
an offence under the Prevention of Corruption Acts 1889 to 1916 or Bribery Act
2010 in relation to this or any other contract with the Employer.
Insolvency
For the purposes of this Contract
(i)
(ii)
(iii)
(iv)
a party which is a company becomes insolvent:
a)
when it enters administration with the meaning of Schedule B1 to the Insolvency Act
1986;
b)
on the appointment of an administrative receiver or a receiver or manager of its
property under Chapter I of Part III of that Act, or the appointment of a receiver under
Chapter II of the Part;
c)
on the passing of a resolution for voluntary winding-up without a declaration of
solvency under section 89 of that Act; or
d)
on them making of a winding-up order under Part IV or V of that Act.
a party which is a partnership becomes insolvent:
a)
on the making of a winding-up order against it under any provision of the Insolvency
Act 1986 as applied by an order under section 420 of that Act; or
b)
when sequestration is awarded on the estate of the partnership under section 12 of the
Bankruptcy (Scotland) Act 1985 or the partnership grants a trust deed for its creditors.
a party who is an individual becomes insolvent:
a)
on the making of a bankruptcy order against him under Part IX of the Insolvency Act
1986; or
b)
on the sequestration of his estate under the Bankruptcy (Scotland) Act 1985 or when
he grants a trust deed for his creditors.
a party also becomes insolvent if:
a)
he enters into an arrangement, compromise or composition in satisfaction of his debts
(excluding a scheme of arrangements as a solvent company for the purposes of
amalgamation or reconstruction); or
b)
(in the case of a party which is a partnership) each partner is the subject of an
individual arrangement or any other event or proceedings referred to in this clause
10.1.1(c)
Each of clauses 10.1.1(c)(i) to 10.1.1(c)(iv) also includes any analogous arrangement,
event or proceedings in any other jurisdiction.
d)
Failure To Declare An Interest
C/35
November 15
(i)
e)
Breach of Contract
(i)
10.2
upon any breach of a Declaration of Interest.
upon material or repeated breach of any part of this Contract.
Consequences of Determination By The Employer
In the event of the Employer determining the employment of the Contractor due to any of the cases
(a) to (e) of clause 10.1 the Contractor shall immediately give up possession of the Site and all of
the Employer's property in his possession and the Employer shall not be bound to make any further
payment to the Contractor and the Employer may either by itself or by any other agency complete
the Works and instructed Unplanned Works or any part thereof and the Contractor shall be liable to
the Employer as a debt due for any costs or expenses incurred by the Employer provided always
that the right of determination shall be without prejudice to any other rights or remedies which the
Employer may possess either by virtue of the provisions of this Contract under any statute or at
Common Law.
10.3
Determination by the Contractor
10.3.1 If the Employer becomes subject to any of the circumstances set out in clause 10.1.1(c), the
Contractor may by notice to the Employer terminate the Contractor's employment under this
Contract.
10.3.2 If the Employer does not pay the amount properly due to the Contractor in respect of any invoice by
the Final Date for Payment, the Contractor may give the Employer a written notice specifying the
default or defaults. If that default or defaults continue for 14 days from receipt of the Contractor's
written notice, the Contractor may within 10 days from the expiry of that 14 day period (by a further
notice to the Employer) terminate the Contractor's employment under the Contract.
10.4
Consequences of Determination By the Contractor
10.4.1 In the event of the Contractor determining the Contract pursuant to clause 10.3 the Contractor shall
immediately give up possession of the Site and all of the Employer's property in his possession and
the Contractor shall as soon as reasonably practicable prepare an invoice for submission to and
payment by the Employer (subject always to clause 9.2.7) setting out the following:
10.5
a)
The total value of work properly executed at the date of termination of the Contractor's
employment, ascertained in accordance with the Contract as if the employment had not
been terminated, together with any other amounts due to the Contractor under the
Contract; and
b)
The cost of materials or goods properly ordered for the Works for which the Contractor then
has paid or is legally bound to pay; and
c)
Any direct loss and/or damage caused to the Contractor by the termination.
Termination upon Force Majeure
If a Force Majeure Event prevents either party from performing its obligations under the Contract in
any material respect for a period of 8 consecutive weeks then provided the notification
requirements set out in clause 18 (Force Majeure) have been complied with, without prejudice to
any accrued rights or remedies under the Contract, either party may terminate the Contract by
giving 30 days’ notice in writing to the other.
10.6
Consequences of Determination for Force Majeure
In the event of either party determining the Contract pursuant to clause 10.3 either party shall
immediately give up possession of the Site and all of the Employer's property in his possession and
C/36
November 15
either party shall as soon as reasonably practicable prepare an invoice for submission to and
payment by the Employer (subject always to clause 9.2.7) setting out the following:
a)
The total value of work properly executed at the date of termination of either party's
employment, ascertained in accordance with the Contract as if the employment had not
been terminated, together with any other amounts due to the Contractor under the
Contract; and
b)
The cost of materials or goods properly ordered for the Works for which either party then
has paid or is legally bound to pay.
11
Settlement of Disputes
11.1
With a view to avoidance or early resolution of disputes or differences (subject always to clause
11.2), each party shall promptly notify the other of any matter that appears likely to give rise to
dispute or difference. The Senior Executives (or it either is not available, a colleague of similar
standing) shall meet as soon as practicable for direct, good faith negotiations to resolve the matter.
11.2
Any dispute or difference arising under or in any way connected with this Contract may be referred
to an adjudicator at any time in accordance with the Technology and Construction Solicitors
Association (TeCSA) Rules version 3.2 Procedural Rules for Adjudication (“TECSA Rules”).
11.3
For the purposes of nominating an adjudicator pursuant to clause 11.2 and the TeCSA Rules the
specified nominating body shall be the Chairman for the time being of TeCSA.
11.4
Any adjudicator's decision pursuant to clause 11.2 shall be binding unless and until the dispute or
difference is finally determined by the by the appropriate Court of England and Wales in accordance
with clause 11.5.
11.5
Subject to clause 11.2 all disputes or differences relating to this deed shall be tried by the
appropriate Court of England and Wales.
11.6
No decision given by the adjudicator shall disqualify him from being called as a witness and giving
evidence before Court on any matter whatsoever.
11.7
The adjudicator shall not be or be deemed to be an arbitrator whether for the purposes of the
Arbitration Act 1996 or for any other purpose and this clause 11 is not an arbitration clause nor shall
it be deemed to be so.
12
Waiver
The failure of the Employer to insist on strict performance of any provision of this Contract, or the
failure of the Employer to exercise, or any delay in exercising, any right or remedy shall not
constitute a waiver of that right or remedy and shall not cause a diminution of the obligations of the
Contractor. No waiver shall be effective unless it is expressly stated to be a waiver by the
Employer in writing to the Contractor provided that a waiver of any right or remedy arising from a
breach of the Contract shall not constitute a waiver of any right or remedy arising from any other or
subsequent breach of the Contract.
13
Contractor's Liability
13.1
The Contractor shall be liable for and indemnify the Employer against any expense, liability, loss,
claim or proceedings in respect of any damage whatsoever to any property real or personal [8]
[7 ]
[8 ]
damage to property both above and below ground
public liability indemnity of not less than five million pounds sterling is required for each and every occurrence.
Employer’s liability indemnity of not less than ten million pounds sterling is required for each and every
occurrence.
C/37
November 15
insofar as such damage arises out of or in the course of or by reason of the carrying out of the
Works, unless due to any act or neglect of the Employer or of its servants or agents. Without
prejudice to his liability to indemnify the Employer the Contractor shall maintain and shall cause any
approved sub-contractor to maintain such insurances as are necessary to cover the liability of the
Contractor, or, as the case may be, of such subcontractor, in respect of personal injury or death
arising out of or in the course of or caused by the carrying out of the Works; Public Liability
Indemnity of not less than £5,000,000 is required, Employers Liability of not less than £10,000,00 is
required [8]. Nothing contained in this clause 13 shall impose any liability on the sub-contractor in
respect of negligence or breach of duty on the part of the Employer, the Contractor his other
subcontractors or their respective servants or agents.
13.2
The Contractor shall be liable for and indemnify the Employer against and insure and cause any
sub-contractor to insure against any expense, liability, loss, claim or proceedings in respect of any
damage whatsoever to any property real or personal [9] insofar as such damage arises out of or in
the course of or by reason of the carrying out of the Works and is due to any negligence, omission
or default of the Contractor or any person for whom the Contractor is responsible or of any subcontractor or person for whom the sub-contractor is responsible.
13.3
The Contractor shall produce, and shall cause any approved subcontractor to produce, such
evidence as the Employer may reasonably require that the insurance’s referred to in clause 14.
Contractor's liability has been taken out and is in force at all appropriate and material times.
13.4
Notwithstanding any other provision of this Contract, the Contractor shall indemnify the Employer
against any expense, liability, loss, claim or proceedings incurred by the Employer in respect of any
breach by the Contractor of any provision of this Contract.
14
Notice
14.1
All notices to be given under this Contract shall be in writing and shall either be delivered personally
or sent by first class or pre-paid post or by facsimile transmission and shall be deemed duly served:
(a)
in the case of a notice delivered personally, at the time of delivery;
(b)
in the case of a notice sent by first class pre-paid post, 2 clear working days after the date
of dispatch; and
(c)
in the case of a facsimile transmission, if sent during normal working hours then at the time
of transmission and if sent outside normal working hours then on the next following working
day, provided (in each case) that a confirmatory copy is sent by first class pre-paid post or
by hand by the end of the next working day.
14.2
Each notice shall be addressed to the address or facsimile number (namely [**
] for the
Employer and [**
] for the Contractor marked for the attention of [**
] and
[……………..] respectively) of the party concerned set out in this Contract or to such other address
as that party shall have previously notified to the sender.
14.3
Except as expressly provided herein, notice may not be served by electronic mail.
15
Entire Agreement
15.1
The Contract constitutes the entire agreement and understanding between the parties in respect of
the matters dealt within it and supersedes, cancels and nullifies any previous agreement between
the parties in relation to such matters.
15.2
Each of the parties acknowledges and agrees that in entering into the Contract it does not rely on
and shall have no remedy in respect of any statement, representation, warranty or undertaking
[9 ]
either before the start of the contract or during the term of the contract
C/38
November 15
(whether negligently or innocently made) other than as expressly set out in the Contract. The only
remedy available to either party in respect of any such statements, representation, warranty, or
understanding shall be for breach of contract under the terms of the Contract.
15.3
Nothing in this clause 15 shall operate to exclude any liability for fraudulent misrepresentation.
16
Amendments
Without prejudice to clause 9.6, this Contract may not be varied except in writing duly executed by
both parties as a deed.
17
Illegality
In the event that any part of the Contract shall be or become or be declared void, invalid, illegal or
unenforceable for any reason whatsoever including by reason of the provisions of any law, any
decision of any Court or Regulatory Body having jurisdiction over the parties or the Contract, the
parties hereby expressly agree that the remaining parts and provisions of the Contract shall
continue in full force and effect with such amendments to ensure that the balance of obligation
remains so far as possible the same as under the Contract or as may be agreed between the
parties.
18
Force Majeure
18.1
If either party is delayed or hindered in or prevented from performing any of its obligations under the
Contract by a Force Majeure Event then, so long as that Force Majeure Event continues, that party
shall be excused from performance of such obligation for the duration of the Force Majeure Event
but only to the extent that party is so delayed, hindered or prevented.
18.2
On the occurrence of a Force Majeure Event, the affected party shall notify the other party as soon
as reasonably practicable and in any event within 48 hours. If such notification is given verbally it
must be confirmed in writing to the other party within 24 hours of the occurrence of the Force
Majeure Event. The notification shall include details of the Force Majeure Event, including evidence
of its effect on the obligations of the affected party and any action proposed to mitigate its effect.
18.3
As soon as practicable following such notification, the parties shall consult with each other in good
faith and use all reasonable endeavours to agree appropriate terms to mitigate the effects of the
Force Majeure Event and facilitate the continued performance of the Contract.
18.4
The affected party shall notify the other party as soon as reasonably practicable and in any event
within 48 hours after the Force Majeure Event ceases or no longer causes the affected party to be
unable to comply with its obligations under the Contract. If such notification is given verbally it must
be confirmed in writing to the other party within 24 hours of the Force Majeure Event ceasing or no
longer causing the affected party to be unable to comply with its obligations under the Contract.
Following such notification the Contract shall continue to be performed on the terms existing
immediately prior to the occurrence of the Force Majeure Event.
18.5
Neither party shall be deemed to be in breach of the Contract, or otherwise be liable to the other, by
reason of any delay or failure in performance of any of its obligations under the Contract, to the
extent that the delay or failure is caused by a Force Majeure Event relating to it and time for
performance shall be extended accordingly.
18.6
For so long as the Contractor's obligations are suspended as a result of a Force Majeure Event:
a)
the Employer's corresponding payment obligations shall be suspended to the extent that is
reasonable taking into account the extent and effect the Force Majeure Event has had on the
performance of the Services by the Contractor; and
C/39
November 15
b)
the Employer shall be entitled to make alternative arrangements for the provision of the
Service.
19
Copyright
19.1
Copyright in all of the Contract Documents shall remain vested in the Employer. The Employer
grants the Contractor an irrevocable, royalty-free, non-exclusive licence to use and reproduce the
Contract Documents for any purpose connected with this Contract. The Employer shall not be liable
for the use of any of the Contract Documents by the Contractor.
19.2
The Contractor grants the Employer an irrevocable, royalty-free, non-exclusive licence to use and
reproduce any documents or drawings prepared by the Contractor in respect of the Works for any
purpose connected with this Contract.
20
Duty of Confidentiality
20.1
Each party recognises that under this Contract it may receive Confidential Information belonging to
the other.
20.2
Each party agrees to treat all Confidential Information belonging to the other as confidential and not
to disclose such Confidential Information or any other confidential information relating to the
Employer or the Services arising or coming to its attention in the course of providing the Services to
the Employer to any third party without the prior written consent of the other party and agrees not to
use such Confidential Information for any purpose other than that for which it is supplied under this
Contract.
20.3
The obligations of confidence referred to in Clause 20.2 shall not apply to any Confidential
Information which:
a) is in, or which comes into, the public domain otherwise than by reason of a breach of this
Agreement or of any other duty of confidentiality relating to that information; or
b) is obtained from a third party without that third party being under an obligation (express or
implied) to keep the information confidential; or
c) is lawfully in the possession of the other party before the date of this Contract and in respect of
which that party is not under an existing obligation of confidentiality; or
d) is independently developed without access to the Confidential Information of the other party.
20.4
Each party will be permitted to disclose Confidential Information to the extent that it is required to do
so:
a) to enable the disclosing party to perform its obligations under this Contract; or
b) by any applicable law or by a court, arbitral or administrative tribunal in the course of
proceedings before it includes without limitation any requirement for disclosure under FOIA, EIR
or the Code of Practice on Access to Government Information and the Contractor acknowledges
that any lists or schedules provided by it outlining Confidential Information are of indicative value
only and the Employer may nevertheless be obliged to disclose such Confidential Information; or
c) by any Regulatory Body (including any investment exchange) acting in the course of
proceedings before it or acting in the course of its duties; or
d) in order to give proper instructions to any professional adviser of that party who also has an
obligation to keep any such Confidential Information confidential.
20.5
The Contractor shall ensure that all Confidential Information obtained from the Employer under or in
connection with this Contract:
C/40
November 15
a) is given only to such of its employees, professional advisors or consultants engaged to advise it
in connection with this Contract as is strictly necessary for the performance of this Contract only
to the extent necessary for the performance of this Contract;
b) is treated as confidential and not disclosed (without the Employer's prior written approval) or
used by any such staff or professional advisors or consultants otherwise than for the purposes of
this Contract;
c) where it is considered necessary in the opinion of the Employer the Contractor shall ensure that
such staff, professional advisors or consultants sign a confidentiality undertaking before
commencing work in connection with this Contract.
20.6
Nothing in this Clause 20 shall prevent the Employer:
a)
b)
c)
20.7
disclosing any Confidential Information for the purpose of:
(i)
the examination and certification of the Employer's accounts; or
(ii)
any examination pursuant to Section 6(1) of the National Audit Act 1983 of the
economy, efficiency and effectiveness with which the Employer has used its
resources; or
disclosing any Confidential Information obtained from the Contractor:
(i)
to any other department, office or agency of the Crown; or
(ii)
to any person engaged in providing any services to the Employer for any purpose
relating to or ancillary to this Contract or any person conducting an Office of
Government Commerce gateway review;
provided that in disclosing information under Clause 21.6 (a) or (b) the Employer discloses only
the information which is necessary for the purpose concerned and requires that the information
is treated in confidence and that a confidentiality undertaking is given where appropriate.
During the Contract Period and at any time after termination of the Contractor's appointment under
this Contract, (other than with the prior written permission of the Employer's Head of Legal
Services) the Contractor shall not:
a)
publish any statement, orally or in writing, relating to the Employer which might damage the
Employer's reputation or that of any of its officers or employees;
b)
make any communication to the press or any journalist or broadcaster touching or concerning
the Contract or the performance of it by either party without the prior written approval of the SO
save where such disclosure is in the public interest.
20.8
Nothing in this clause 20 shall prevent either party from using any techniques, ideas or know-how
gained during the performance of the Contract in the course of its normal business, to the extent
that this does not result in a disclosure of Confidential Information or an infringement of Intellectual
Property Rights.
21
Contracts (Rights of Third Parties) Act 1999
Nothing in this Contract is intended to confer on any third party any right to enforce any term of this
Agreement which that third party would not have had but for the Contracts (Rights of Third Parties)
Act 1999.
C/41
November 15
In Witness whereof this Contract has been duly executed as a Deed on the day and year first before
written
EXECUTED by the Parties as a Deed
The Common Seal of
was hereunto affixed in the presence of:
)
)
)
Authorised Signatory
Executed as a Deed by the said
[Contractor]
acting by:
)
)
)
)
Director
(print name)
Director/Secretary
(print name)
C/42
November 15
Annex 1 – Novation Agreement
C/43
November 15
Deed of Novation
Dated
**
(Employer)
**
(Contractor)
**
(Substitute Employer)
C/44
November 15
This Agreement is made on
2015
Between
(1)
**
incorporated in England and Wales whose Company Number is **
and whose registered office is at **
(the “Employer”)
(2)
**
(the “Contractor”)
(3)
**
(the “Substitute Employer”)
Background

The Employer has appointed the Contractor by a contract dated (“the Contract”) to carry out
landscape maintenance works at **
as more particularly described in the Contract.

The Employer the Contractor and the Substitute Employer have agreed that the Substitute
Employer shall assume all the rights and liabilities of the Employer under the Contract (which
the Employer has previously assumed).

Unless specified to the contrary, defined terms in this Agreement shall have the same meaning
as set out in the Contract.
This Agreement witnesses as follows:
1.
Release of Employer
The Contractor releases and discharges the Employer from further performance of the Employer’s
obligations under the Contract and from all claims demands and obligations which arise or have
arisen at any time under or in respect of the Contract and the Contractor accepts the liability of the
Substitute Employer in place of the liability of the Employer.
2.
Release of Contractor
Subject to clause 8 the Employer releases and discharges the Contractor from further performance
of the Contractor’s obligations under the Contract and from all claims demands and obligations
which arise or have arisen at any time or in respect of the Contract.
3.
Contractor’s obligations to Substitute Employer
The Contractor hereby undertakes to perform the Contract and to be bound by its terms in every
way as if the Substitute Employer were, and had been from inception, a party to the Contract in lieu
of the Employer and agrees to undertake all obligations and liabilities arising under the Contract on
the part of the Contractor.
4.
Substitute Employer’s obligation to Contractor
The Substitute Employer hereby undertakes to perform the Contract and to be bound by its terms
in every way as if the Substitute Employer were, and had been from inception, a party to the
Contract in lieu of the Employer and agrees to undertake all obligations and liabilities arising under
the Contract on the part of the “Employer”.
5.
Affirmation of Contract
Subject to the terms of this Agreement, the Contract shall remain in full force and effect.
C/45
November 15
6.
Fees
The Contractor and the Employer warrant that the Employer has paid to the Contractor the sum of
[**
] pounds exclusive of VAT which constitute all the fees and expenses due and owing
under the Contract to the Contractor up to and including the date of this Agreement.
7.
Contractor’s liability to Substitute Employer to pre-novation Services
7.1
The Contractor acknowledges that the Substitute Employer has relied upon the Contractor’s
performance of the landscape maintenance works carried out prior to the date of this Agreement
and agrees that the Substitute Employer shall have the right to pursue claims and demands arising
in respect of any breach of the Contract by the Contractor whether arising prior to, on or
subsequent to the date of this Agreement.
7.2
The Contractor agrees it will not contend that the Substitute Employer is precluded from recovering
any loss resulting from any breach of the Contract by the Contractor by reason that the Substitute
Employer was not the employer of the Contractor at the time the breach occurred or by reason that
the employer at the time of breach escaped any loss resulting from such breach or that such
employer has not suffered any or as much loss.
8.
Contractor’s liability to Employer for pre-novation Services
8.1
The Contractor warrants to the Employer that it has exercised all the reasonable skill, care and
diligence to be expected of a competent landscape maintenance contractor experienced in carrying
out services and works of a similar size, scope, nature and complexity to the Services and the
Works in the performance of the landscape maintenance works carried out prior to the date of this
Agreement and acknowledges that the Employer has relied upon and shall continue to rely upon
the Contractor’s performance of the landscape maintenance works carried out prior to the date of
this Agreement.
8.2
The Contractor acknowledges that notwithstanding this Agreement clause 19.2 of the Contract
(copyright) shall remain effective and the Employer shall be entitled to continue to rely on the same.
9.
Contracts (Rights of Third Parties) Act 1999
Nothing in this Agreement is intended to confer on any third party any right to enforce any term of
this Agreement which that third party would not have had but for the contracts (Rights of Third
Parties) Act 1999.
10.
Governing law and jurisdiction
This Agreement and the rights and obligations of the parties shall be governed and construed
according to English law and the parties hereby submit to the exclusive jurisdiction of the English
courts.
C/46
November 15
In Witness this Agreement has been executed and delivered as a Deed on the date appearing at the head
of this Agreement.
The Common Seal of
[the Employer]
was hereunto affixed in the presence of:
)
)
)
Authorised Signatory
Executed as a Deed by
)
[the Contractor]
)
in the presence of/acting by:
)
Director (sign)
Director (Print Name)
Director/Secretary (sign)
Director/Secretary (Print Name)
Executed as a Deed by
)
[the Substitute Employer]
)
in the presence of/acting by:
)
Director (sign)
Director (Print Name)
Director/Secretary (sign)
Director/Secretary (Print Name)
C/47
November 15
[This page has been intentionally left blank for double-sided printing
[This page has been intentionally left blank for double-sided printing
Arpley House,
110 Birchwood Boulevard,
Birchwood,
Warrington,
WA3 7QH

NL437 Telford LM_INVITATION TO TENDER_Inc

Transcription

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